Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Premises or the Building without the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations. (b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT. (c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations. (d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof. (e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided. (f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 3 contracts
Samples: Lease Agreement (Old Line Bancshares Inc), Lease Agreement (Old Line Bancshares Inc), Lease Agreement (Old Line Bancshares Inc)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant The following provisions shall apply to Section 29 and Exhibit D hereofthe completion of any Tenant Alterations:
(1) Tenant shall not, TENANT except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or permit anyone cause to make be made any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Tenant Alterations in or to the Premises or any Property systems serving the Building without the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written consent notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of LANDLORDnon-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 of Tenant Alterations shall be completed at such Alterations permitted by LANDLORD must conform to all rules time and regulations established 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, conditioned, or delayed; provided, however, that Landlord may, in its sole discretion, specify the Insurance Underwriter's Association of engineers and contractors to perform all work relating to the local area Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and by the LANDLORD fire and conform life safety systems in the Building) so long as the same offer pricing that is not unreasonably above market considering their expertise and experience with the Building and are reasonably available pursuant to all requirements of Tenant’s schedule. 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 Federal, state Building and local governmentstheir respective agents and contractors performing work in or about the Building. Prior Landlord may further reasonably condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work on 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 structure or systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Tenant shall reimburse Landlord for any reasonable sums paid by Landlord for third-party evaluation of Tenant’s plans for any Tenant Alterations. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built CADD-DWG file, a PDF file and one hard copy 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 equal to three percent (3%) of the cost of Tenant Alterations for Landlord’s oversight and coordination. Upon completion of Tenant Alterations, the LANDLORD'S written approval must be obtained as Tenant shall furnish Landlord with contractors’ 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) the contractor(s) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and subcontractor(s) selected to perform such workin accordance with Landlord’s standard construction rules and regulations, and (ii) comprehensive plans in a good and specifications showing all workmanlike manner with the proposed Alterationsuse 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, including detailed descriptions nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the effect adequacy of the proposed Alterations on the mechanical and electrical systems design, workmanship or quality of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner materials for Tenant’s intended use or in accordance of compliance with the plans requirements of clauses (i) and specifications provided to LANDLORD. In such event, TENANT shall promptly correct (ii) above or impose any liability upon Landlord in connection with the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs performance of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationswork.
(b) Prior All Tenant Additions, whether installed by Landlord or Tenant, shall, without compensation or credit to commencing construction on any Alterations approved by LANDLORDTenant, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers become part of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises and the property of Landlord at any the time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD installation and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore in the Premises, the LANDLORD unless, pursuant to Article Twelve, Tenant may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT remove them or is required to remove the same and/or restore the Premises as herein providedthem at Landlord’s request.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 2 contracts
Samples: Office Lease (Accolade, Inc.), Office Lease (Accolade, Inc.)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Premises or the Building without the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' ’ liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' ’ lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' ’ lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' ’ liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 2 contracts
Samples: Lease Agreement (Old Line Bancshares Inc), Lease Agreement (Old Line Bancshares Inc)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant The following provisions shall apply to Section 29 and Exhibit D hereofthe completion of any Tenant Alterations:
(1) Tenant shall not, TENANT except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, make or permit anyone cause to make be made any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Tenant Alterations in or to the Premises or any Property systems serving the Building without Premises. Landlord shall approve or disapprove of, and notify the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association Tenant of the local area and reasons for such disapproval, any materials submitted by the LANDLORD and conform to all requirements of the FederalTenant with respect obtaining Landlord’s consent as set forth above, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after receipt of the same from the Tenant. Prior to making any Tenant Alterations, Tenant shall also give Landlord ten (10) days prior written notice (or such are prepared or obtained 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 prior to any implementationaddresses of all contractors and subcontractors and copies of all contracts. The TENANT agrees to allow inspection All Tenant Alterations (other than Decorations) shall be completed at such time and in such manner as Landlord may from time to time during designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayed, provided, however, that Landlord may, in its sole discretion, specify the period 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 construction any work or delivery of all 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 Tenants 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. In addition, TENANT agrees Tenant shall deliver to furnish "as built" 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 within a reasonable period and the cost of time after decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations, other than Decoration, Tenant shall pay Landlord a construction fee 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 pay 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 LANDLORD remedy such violation. In no event shall such supervision or its designated agent a reasonable fee 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 updating Tenants intended use or of compliance with the master reproducible Building blueprint to show requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the Alterationsperformance of such work.
(b) Prior to commencing construction All of the items listed on any Alterations approved by LANDLORD, TENANT agrees to obtain Exhibit G attached hereto and deliver to LANDLORD written made a part hereof (“Tenants Improvements”) and unconditional waivers all of mechanic's and suppliers' liens upon the Tenant’s Personal Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, such lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT'S the sole cost and expense, by the payment thereof or by filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment exclusive property of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time Tenant during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT Tenant shall be liable permitted to encumber Tenants Personal Property and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of Tenant’s Improvements during the Term of this Lease; provided, however, that Tenant shall hold Landlord harmless from any and all movable equipmentclaims of third parties with respect to Landlord’s handling of such Tenants Personal Property pursuant to the terms of Section 12.02 of this Lease unless Tenant obtains, furniture at Tenants sole option, Landlord’s consent to any such encumbrances, such consent to be similar in form to the form of Landlord’s Consent to Lease of Personal Property attached hereto as Exhibit H and made a part hereof. Tenant shall be entitled to remove Tenants Personal Property upon the expiration or furnishings which are not affixed earlier termination of this Lease as provided in Article 12 hereof, but Landlord and Tenant agree that Tenant’s Improvements shall remain in the Premises after the termination or earlier expiration of this Lease.
(c) All Tenant Additions to the Premises whether installed by Landlord or Tenant, shall, without compensation or credit to Tenant, become part of the Building Premises and which were installed the property of Landlord at the time of their installation and shall remain in the Premises at the expense of the TENANT. If such Property of TENANT Premises, unless pursuant to Article Twelve, Tenant may remove them or is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT required to remove the same and restore the Premises or Building as herein providedthem at Landlord’s request.
Appears in 2 contracts
Samples: Lease Agreement (Codexis Inc), Lease Agreement (Codexis Inc)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the 9.1 The Premises or the Building without the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rentdelivered to and accepted by Tenant in their present "as-is" condition. It is understood and agreed by LANDLORD that Landlord will not make, and TENANT that is under no obligation to make, any such Alterations shall be constructed on behalf of TENANT. Copies of all platsstructural or other alterations, plansdecorations, sketches, permits, samples, etc. which are prepared additions or obtained improvements in the course of such Alterations shall be provided or to the LANDLORD or its designated AGENT no later than ten Premises, except as otherwise provided in Section 9.2 below.
(10a) days after such are prepared or obtained It is understood and agreed that prior to any implementation. The TENANT agrees the Lease Commencement Date, Tenant intends to allow inspection from time make certain alterations, renovations and improvements to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the AlterationsPremises described in this Section 9.2.
(b) Prior All alterations, renovations, modifications and improvements which are made to commencing the Premises pursuant to this Section 9.2 (i) shall be done in accordance with the space plan prepared by Greexxxxx Xxxxx Xxxhitects (the "Architect") dated September 10, 1997 (the "Space Plan"), a copy of which is attached hereto as Exhibit B and made a part hereof and construction drawings prepared by the Architect based on any Alterations approved by LANDLORDthe Space Plan and approved, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnishedin advance, by them in connection with such workLandlord, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, such lien (ii) shall be discharged by TENANT within ten subject to the provisions of this Lease, including without limitation, Article IX, Article XIII and Article XV hereof and (10iii) days thereafter, shall be made at TENANT'S Tenant's sole cost and expense; provided, however, that Landlord agrees to provide Tenant with an improvement allowance (the "Tenant Improvement Allowance") in an amount equal to the product of Six Dollars ($6.00) multiplied by the payment thereof or by filing any bond required by lawNet Rentable Area of the Premises. If TENANT The Tenant Improvement Allowance shall fail be applied, as hereinafter set forth, to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same all "hard" and treat the cost thereof and any legal expenses "soft" costs incurred in connection therewith, as additional rent payable with the installment design, modification, alteration, renovation, construction and installation of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, tenant improvements in the event LANDLORD shall give its written consent to TENANT'S making any such AlterationsPremises, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against including without limitation, any and all expensesarchitectural, liensengineering and consulting fees in connection therewith. In the event the entire Tenant Improvement Allowance is not utilized by Tenant during the first (1st) Lease Year in connection with designing, claimsrenovating, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without altering and upgrading the prior written consent of LANDLORD, LANDLORD retains the right to enter tenant improvements in the Premises at any time during then such unused portion of the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT Tenant Improvement Allowance shall be liable and hereby agrees to reimburse applied against the LANDLORD for the costs initial installment(s) of such removal and restoration together base rent due with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed respect to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior pursuant to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein providedArticle III hereof.
Appears in 1 contract
Samples: Lease Modification and Extension Agreement (E Centives Inc)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant 11.1 The Tenant may during the Term, and at its own expense, at any time and from time to Section 29 time, affix, install or erect partitions, counters or fixtures to or within any part of the Housing Facility, provided that the Tenant’s right to do so shall be subject to the following conditions:
i. Prior to undertaking such alterations, the Tenant shall submit plans to the City describing the proposed alterations, and Exhibit D hereofobtain the written approval of the City to the same, TENANT such approval not to be unreasonably withheld;
ii. All such alterations shall conform to all building by-laws, codes and other statues, rules and regulations of applicable Governmental Authority affecting the Housing Facility, the Building and the Lands;
iii. The alterations or improvements shall be completed in a good and workmanlike manner using, at all times, new materials; and
iv. The alterations shall not make in any manner weaken or permit anyone otherwise compromise the structures of the Building or be likely to make any Alterationsreduce the value of the Lands, Building or Housing Facility.
11.2 All alterations, decorations, additionsadditions and improvements made by Tenant, or improvementsmade by the City on the Tenant's behalf, structural or otherwise, or install any fixtures including the Leasehold Improvements (hereinafter collectively referred to as "Alterations"other than Tenant trade fixtures), in or shall become the property of City at the end of the Term without compensation to the Premises Tenant. Such alterations, decorations, additions or the Building without the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD improvements shall not be deemed to waive removed from the Housing Facility Housing Facility either during or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term or sooner determination of the Lease, except only that:
i. The Tenant may at the end of the Term, if not in default, remove its trade fixtures at its own cost;
ii. The Tenant shall, at the end of the Term, at its own cost remove such of the Leasehold Improvements as the City may require to be removed; and
iii. The Tenant may remove its trade fixtures during the Term in the normal course of its business, or if such trade fixtures have become excess for Tenant's purpose, or the Tenant is substituting similar trade fixtures; all of which is provided that the Tenant is not in default under this Lease. The Tenant shall, in the case of every such removal, either during or at the end of the Term, make good any damage caused to the Housing Facility, Building and the Lands by the installation and removal of such alterations, decoration, addition or improvement. The provisions of this Lease, all movable equipment, furniture or furnishings which are not affixed to section shall survive the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Samples: Lease Agreement
Tenant Alterations. Tenant may from time to time at its own expense make changes, additions and improvements in the Premises, provided that any such change, addition or improvement shall:
(a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofcomply with the requirements of any governmental or quasi-governmental authority having jurisdiction (including, TENANT shall not make or permit anyone to make any Alterationswithout limitation, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"the Americans with Disabilities Act), in or to with the Premises or the Building without requirements of Landlord's insurance carriers, and with Landlord's safety and access requirements, including restrictions on flammable materials and elevator usage;
(b) not be commenced until Landlord has received satisfactory evidence that all required permits have been obtained;
(c) be made only with the prior written consent of LANDLORD. All Landlord (which may be withheld in Landlord's sole discretion, to the extent it relates in Landlord's opinion to the structure or electrical, HVAC, plumbing or sprinkler systems of such Alterations permitted by LANDLORD must the Building, but which otherwise shall not be unreasonably withheld or delayed);
(d) be constructed in good workmanlike manner and, to the extent the nature of the work warrants working drawings, conform to complete working drawings prepared by a licensed architect and, to the extent Landlord's consent is required, be submitted to and approved by Landlord;
(e) be of a quality that equals or exceeds the then current standard for the Project and comply with all rules building, fire and regulations established from time safety codes;
(f) be carried out only during hours approved by Landlord by licensed contractors selected by Tenant and, to time the extent Landlord's consent is required approved in writing by the Insurance UnderwriterLandlord. Tenant or Tenant's Association contractor shall deliver to Landlord before commencement of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to work: (i) proof of workers' compensation and general liability insurance coverage, including coverage for completed operations and contractual liability, with Landlord and its agents and designees named as additional insureds, in amounts, with companies, and in form reasonably satisfactory to Landlord, which shall remain in effect during the contractor(s) and subcontractor(s) selected to perform such workentire period in which the work shall be carried out, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such for work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, requiring building permits, samples, etcperformance and payment bonds if reasonably required by Landlord. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding Notwithstanding the foregoing, any mechaniconly subcontractors selected or designated by Landlord may be used to make connection with the Project's main electrical, plumbing or suppliers' lien is filed against HVAC systems, except connections to circuit panels, pipes or ducts within the Property Premises; and
(g) for work claimed to have been done forrequiring building permits (after the initial construction of Tenant Improvements), or materials claimed to have been furnished tobe shown on accurate, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, reproducible "as-built" drawings in the event LANDLORD shall give its written consent form of reverse sepia transparencies or mylars, delivered to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in Landlord at completion of the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, alterations or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Tenant Alterations. (a) Except The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofCosmetic Alterations (as hereinafter defined), TENANT which consent shall not be unreasonably withheld, conditioned or delayed, make or permit anyone cause to make be made any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Tenant Alterations in or to the Premises or any Property systems serving the Building without Premises to the prior written Premises. Notwithstanding anything in this Section 9.1 to the contrary, Landlord’s consent shall not be required for any Tenant Alteration that satisfies all of LANDLORDthe following criteria (a “Cosmetic Alteration”): (A) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (B) is not visible from the exterior of the Premises or Building; (C) will not affect the Building’s systems; (D) does not require work to be performed inside the walls or above the ceiling of the Premises; (E) does not require a building permit; and (f) does not exceed $100,000.00 for any single Cosmetic Alteration. All of such Cosmetic Alterations permitted by LANDLORD must conform shall be subject to all rules and regulations established from time to time by the Insurance Underwriter's Association other provisions of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governmentsthis Section 9.1. Prior to the commencement of work on making any Tenant Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD Tenant shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than give Landlord ten (10) days after prior written notice (or such are prepared or obtained earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of nonresponsibility. Tenant shall furnish Landlord with the names and prior to any implementationaddresses of all contractors and subcontractors and copies of all contracts. The TENANT agrees to allow inspection All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time during reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord may, in its sole discretion, specify the period 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 construction any work or delivery of all 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. In addition, TENANT agrees Tenant shall deliver to furnish "as built" 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 within a reasonable period and the cost of time after 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 pay 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 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 LANDLORD comply with the applicable Green Building Standards. Tenant shall promptly notify Landlord if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall take such steps as are necessary to remedy such violation. In no event shall such supervision or its designated agent a reasonable fee 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 updating Tenant’s intended use or of compliance with the master reproducible Building blueprint to show requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the Alterationsperformance of such work.
(b) Prior For any Tenant Alterations which Tenant requests Landlord to commencing construction on any Alterations approved by LANDLORDinstall, TENANT agrees the forgoing provisions of this Section 9.1 shall apply; provided, however, in addition to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat paying the cost thereof and any legal expenses incurred in connection therewithof the Tenant Alterations, Tenant also shall pay an administrative fee equal to fifteen percent (15%) of such cost to Landlord, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT and Landlord’s liability for such Tenant Alterations work shall have be subject to and limited by the right provisions of Article 17 below. All Tenant Additions, whether installed by Landlord or Tenant, shall without compensation or credit to removeTenant, prior to the expiration become part of the Term Premises and the property of this Lease, all movable equipment, furniture or furnishings which are not affixed to Landlord at the Premises or the Building time of their installation and which were installed shall remain in the Premises at the expense of the TENANT. If such Property of TENANT Premises, unless pursuant to Article 12, Tenant may remove them or is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT required to remove the same and restore the Premises or Building as herein providedthem at Landlord’s request.
Appears in 1 contract
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT Tenant shall not make or perform or permit anyone to make the making or performance of any Alterationsalterations, decorationsadditions or improvements (collectively, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or ) to the Premises or the Building without the Landlord's prior written consent, which consent of LANDLORDLandlord may grant or withhold in its sole and absolute discretion. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by Notwithstanding the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federalforegoing, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected Landlord shall not unreasonably withhold or delay its consent to perform such work, any Non-Structural Alterations and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD Tenant shall have the right to stop such work if the LANDLORD or its designated agent determines make Cosmetic Alterations without Landlord's prior written consent, provided that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided both cases, Tenant shall provide to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD mayTenant, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than least ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period commencement of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed notice of the Alterations to be an agreement or consent by LANDLORD performed and the terms, conditions and provisions of this Lease regarding Alterations are otherwise fully complied with. If Landlord consents to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORDby Tenant, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal periodTenant, the TENANT hereby agrees to cause same to be removed at the TENANT'S Tenant's sole cost and expense, and to restore all such Alterations shall be done in strict compliance with the Premises to the original improved condition on or before the expiration or termination provisions of this Lease or any renewal periodArticle VI. Should TENANT fail Notwithstanding the foregoing, with respect to remove the same or restore the PremisesCosmetic Alterations only, the LANDLORD may Tenant shall not be required to cause same drawings, plans and specifications to be removed and/or the Premises prepared with respect to such Cosmetic Alterations if such drawings, plans and specifications are not otherwise required to be restored at the TENANT'S expenseprepared in order to obtain any permit or other required governmental or quasi-governmental approval, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together but Tenant shall furnish Landlord with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance copies of any of its obligations under this Leaseexisting drawings, TENANT shall have the right plans and specifications actually prepared with respect to removesuch Cosmetic Alterations, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein providedany.
Appears in 1 contract
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Premises or the Building without the prior written consent of LANDLORDSECTION 1. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association After completion of the local area and by the LANDLORD and conform to all requirements initial preparation of the FederalDemised Premises as provided for in Article 2, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD mayTenant may not, at its sole option, correct such problem(s), any time or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In additionLease Term, TENANT agrees make any alterations, additions, installations, substitutions and improvements (hereinafter collectively called "changes" and, as applied to furnish changes provided for in this Article, "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, Tenant's Changes") in and to pay the Demised Premises, except as otherwise provided in this Article 15. Subject to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORDprovisions of this Article 15, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, such lien shall be discharged by TENANT within ten (10) days thereafterTenant, at TENANT'S its sole cost and expense, by the payment thereof or by filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, without first obtaining Landlord's consent, but upon at its optionleast thirty (30) days prior notice, discharge make any cosmetic non-structural changes not affecting the Building's building systems or the certificate of occupancy for the Building or interfering with the use of the Building by other occupants, the estimated cost of which, in the aggregate, does not exceed fifty thousand ($50,000.00) dollars, provided that the same and treat (i) may be undertaken without the cost thereof and filing of any legal expenses incurred in connection therewith, as additional rent payable permits or applications with the installment Town of Monthly Base Rent next becoming due; it being hereby expressly covenanted Harrxxxx, (xi) is at least in accordance with Building Standard, and agreed that such discharge by LANDLORD (iii) complies with all applicable laws, rules and regulations of the jurisdiction in which the Building is located. All other changes shall be subject to Landlord's prior written approval, which shall not be deemed unreasonably withheld or delayed, and to waive such other requirements as are herein set forth and as Landlord may hereafter reasonably impose. Tenant's Changes shall be performed on the following conditions, provided that in no event shall such changes result in a violation of or release the default of TENANT in discharging the same. It is understood and agreed that, require a change in the event LANDLORD shall give its written consent certificate of occupancy applicable to TENANT'S making any such Alterationsthe Demised Premises:
(A) The outside appearance, such written consent character or use of the Building shall not be deemed to be an agreement affected, and no Tenant's Changes shall weaken or consent by LANDLORD to subject LANDLORD'S interest impair the structural strength, or in the Property to any mechanic's or suppliers' liens which may opinion of Landlord, lessen the value of the Building;
(B) No part of the Building outside of the Demised Premises shall be filed in respect physically affected;
(C) The proper functioning of any such Alterations made by or on behalf of TENANT.the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected;
(cD) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT Tenant's Changes shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises performed at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S Tenant's sole cost and expense, and to restore in performing such work, Tenant shall be bound by and observe all of the Premises to the original improved condition on or before the expiration or termination of conditions and covenants contained in this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any Article and all damages which the LANDLORD may suffer rules and sustain by reason regulations of the failure City, State and Federal governmental agencies having jurisdiction, including, but not limited to, those of the TENANT to remove Department of Buildings of the same and/or restore jurisdiction where the Premises as herein provided.Building is located;
(fE) If TENANT is At the time Landlord approves Tenant's Changes, Landlord shall notify Tenant what items of Tenant's Changes shall, unless Landlord otherwise elects by giving Tenant notice of not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT less than thirty (30) days prior to the expiration or termination of this Lease, the same shall become the Property property of LANDLORD the Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof at the expiration or sooner termination of the Term. None of the foregoing shall be deemed to include Tenant's trade fixtures, furniture or ordinary walls and partitions made to divide space for use by Tenant's personnel except that Landlord may require the removal of all or any part of the Operations Center and Executive Center. If Landlord fails to notify Tenant of such possible removal obligation at the time of Landlord's approval of Tenant's Changes, Tenant shall not be required to remove such changes.
(F) With respect to each of Tenant's Changes performed by Tenant, Tenant shall pay to Landlord, as additional rent, upon demand, Landlord's reasonable costs incurred for supervision and coordination of the work performed in connection with such improvement as is reasonably necessary; and
(G) Before proceeding with any change (exclusive of changes in items constituting "Tenant's Property" as defined in Article 16) Tenant shall submit to Landlord plans and specifications for the work to be done, for Landlord's approval in writing, and if such change requires approval by or notice to the lessor of a superior lease(s) or the holder of a superior mortgage(s), Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of said superior lease(s) or superior mortgage(s) with respect to the proposed change or alteration have been met or complied with at Tenant's expense. Any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Tenant shall not be permitted to affix and make part of the Demised Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, security agreements or chattel mortgages.
SECTION 2. All Tenant's Changes shall at all times comply with laws, orders and regulations of governmental authorities having jurisdiction thereof, orand all rules and regulations of Landlord (in addition to those expressly provided in this Lease) which in Landlord's reasonable opinion, are necessary to protect its interest, including without limitation, a guaranty of completion, payment and restoration. Tenant, at LANDLORD'S optionits expense, LANDLORD shall obtain all necessary governmental and Board of Fire Underwriters permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, shall provide copies of same to Landlord promptly upon request, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable requirements of insurance bodies, and in good and first class workmanlike manner, using materials and equipment at least equal in quality and class to the original installations of the Building. Tenant's Changes shall be performed in such a manner as not to materially or unduly interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in the construction, maintenance, or operation of the Building, and shall be performed by contractors or mechanics approved by Landlord. Landlord's approval shall not be unreasonably withheld or delayed. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry and shall cause all contractors, agents and other persons performing Tenant's Changes to carry such insurance as Landlord may require relative to such changes. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. No Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not "Tenant's Property" (as defined in Article 16), unless Landlord's prior written consent is first obtained, which consent shall not be unreasonably withheld or delayed, and unless such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense and free of superior title, liens and claims, with fixtures, equipment or other property (as the case may be) of like utility and at least equal value (which replaced fixtures, equipment or other property shall thereupon become the property of Landlord), unless Landlord shall otherwise expressly consent in writing.
SECTION 3. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by the appropriate department of the municipality where the Building is located or any other public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanics and other liens in connection with Tenant's Changes, repairs, or installation, including but not limited to the liens of any conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Demised Premises and against all costs, reasonable attorneys' fees, fines, expenses and liabilities reasonably incurred in connection with any such lien, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within thirty (30) days of the filing of such lien against the Demised Premises or the Building. If Tenant shall fail to cause such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be removed and due or by procuring the Premises to be restored to their original improved condition (if necessary)discharge of such lien by deposit or by bonding proceedings, and TENANT hereby in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all reasonable costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the lesser of the maximum permitted by law or two (2%) percent per month or portion thereof from the respective dates of Landlord's making of the payment or incurring of the cost and expense shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant on demand. If Tenant makes any such payment it shall not be entitled to any set-off against rent due hereunder. Tenant agrees that it will not at any time prior to or during the Lease Term, either directly or indirectly, use any contractors, labor or materials which would, in Landlord's opinion, create any difficulty with other contractors or labor engaged by Tenant or Landlord or others or would in any way disturb harmonious labor relations in the construction, maintenance or operation of the Building or any part thereof or any other building owned or operated by Landlord or any Affiliate of Landlord. Tenant agrees to comply with, and require all contractors hired by Tenant to comply with, all federal, state, and local laws and regulations pertaining to employment, conditions, and hours of employment in connection with any construction in the Building and except where Landlord specifically permits otherwise, employ union labor on such construction.
SECTION 4. All of Tenant's Changes, whether performed by Landlord or by Tenant shall be performed only during Standard Business Hours, except that core drilling which is required after the Commencement Date shall be done during time periods which are not Standard Business Hours. If Tenant requires Landlord to perform work during other hours, or if Tenant desires to perform work through its contractors, agents or employees, provided Landlord so consents, Tenant shall pay to LANDLORD as additional rent, the actual cost of employing such additional help as shall be reasonably required, as well as the actual cost of such removal and restoration together necessary supervisory personnel, if any, employed by Landlord in connection with any and all damages which LANDLORD may suffer and sustain such work. Payment shall be made by reason Tenant to Landlord within ten (10) days after being billed therefor. Tenant's contractors shall comply with the rules of the failure of TENANT to remove the same and restore the Premises or Building as herein providedto the hours of availability of the Building elevators and the manner of handling materials, equipment and debris to avoid conflict and interference with Building operations, and shall furnish Landlord with all insurance certificates required by Landlord pursuant to Article 14 hereof. In addition, if Tenant or its contractors require use of the freight elevators after Standard Business Hours, Tenant shall pay the reasonable costs for the use thereof within ten (10) days after being billed therefor. The delivery and handling of materials, equipment and debris shall be arranged to avoid any inconvenience and annoyance to other tenants. Cleaning shall be controlled to prevent dirt and dust from infiltrating into adjacent tenant or mechanical areas.
Appears in 1 contract
Samples: Lease Agreement (Atlas Air Inc)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT Tenant shall not make or permit anyone to make be made any Alterationsalterations, decorationsor window treatments, additions, additions or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Demised Premises or the Building Building, without the prior written consent of LANDLORDLandlord, which consent shall not be unreasonably withheld, conditioned, or delayed. All of such Alterations alterations, decorations, additions or improvements permitted by LANDLORD Landlord must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform also conform, at Tenant’s risk, to all requirements of the Federal, state and local governments, and must be performed at Tenant’s sole risk and expense in a good and workmanlike manner. Prior Notwithstanding the above, Tenant may, during the term of the Lease perform minor alterations to the commencement Premises, including relocation of work on existing partition walls without Landlords consent, however, Landlord shall be notified of any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and work must be performed per above specified work standards.
(iib) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD Landlord and TENANT Tenant that except for Landlord work any such Alterations alterations, additions or improvements shall be constructed on behalf of TENANTTenant at Tenant’s expense including, but without limitation, the cost of engineering studies, supplies and as-built drawings. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior No consent by Landlord to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, such lien alterations shall be discharged by TENANT within ten (10) days thereafter, at TENANT'S sole cost and expense, by the payment thereof or by filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD Landlord to subject LANDLORD'S Landlord’s interest in the Property Demised Premises, the Building or the Project to any mechanic's ’s or suppliers' materialman’s liens which may be filed in respect of any to such Alterations alterations, decorations, additions or improvements made by or on behalf of TENANTTenant.
(c) TENANT shall All alterations, installations, changes, replacements, additions to or improvements, including without limitation wall-to-wall carpet, upon the Demised Premises (whether with or without the prior written consent of Landlord) shall, at the election of the Landlord, remain upon the Demised Premises at the expiration of this Lease without disturbance, molestation or injury.
(d) Tenant will indemnify and hold LANDLORD Landlord harmless from and against any and all expenses, liens, claims, claims or damages to any person or property which may or might arise directly or indirectly by reason of the making of any such Alterations.
(d) alterations, decorations, additions or improvements. If any Alterations alterations, decorations, additions or improvements are made without the prior written consent of LANDLORDLandlord, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to Landlord may correct or remove the same and restore the Premises to their original improved conditionsame, and TENANT Tenant shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixturesexpenses incurred by Landlord in such correction or removal. Landlord may, Alterationsat its sole option, installationsrequire Tenant to remove alterations, changesdecorations, replacements, additions, additions or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises improvements at the expiration or termination of this Lease or any renewal or extension period without disturbanceLease. However, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT Tenant shall have the right right, at its expense, to remove, at or prior to the expiration of the Term of this Lease, all movable furniture, furnishings, or equipment, furniture decorations, installed in the Demised Premises that were not paid for or furnishings provided by Landlord and which are not affixed can be removed without damage to the Demised Premises or the Building and which were installed in the Premises at the expense of the TENANTBuilding. If such Property property of TENANT Tenant is not removed by TENANT Tenant at or prior to the expiration or termination of this Lease, the same shall may, at Landlord’s option, become the Property property of LANDLORD Landlord and shall be surrendered with the Demised Premises as a part thereof. If, orduring the removal of any furniture, furnishings and/or equipment which Tenant may remove pursuant to this Lease, Tenant causes any damage to the Demised Premises, the Building or the Project, Tenant shall be responsible for all costs of repairing such damaged property.
(e) Tenant shall not move into (or relocate within) the Building any safe or other heavy equipment without the prior written consent of Landlord, and any damage done to Building by moving into, using or removing any safe or other heavy equipment shall be repaired by Landlord at LANDLORD'S optionTenant’s expense.
(f) Tenant shall have the right at its sole cost, LANDLORD may cause to provide for security and limited access to the Demised Premises, subject to applicable building codes and Article 16 herein.
(g) Tenant shall have the right at its sole cost, to install one (1) ATM on the exterior of the Building, or utilize the existing ATM if left by existing Tenant. A window style ATM shall be located in the same to be removed and location as the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD existing ATM on the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason exterior of the failure of TENANT Building adjacent to remove the same and restore Premises. Landlord shall use best efforts to require the Premises or Building as herein providedexisting tenant to leave in place the existing ATM currently installed.
Appears in 1 contract
Tenant Alterations. (a) Except for The Premises shall be delivered to and accepted by Tenant in their present "AS-IS, WHEREIS WITH ALL FAULTS" condition. Tenant during the initial Leasehold Improvements sixty (60) days of the Lease Term shall cause certain alterations, renovations and modifications to be made pursuant to Section 29 and Exhibit D hereof, TENANT shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the tenant improvements in the Premises or the Building without the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to in accordance with (i) the contractor(sspace plan for the Premises dated May 22, 1998 prepared by Simmxxx & Xssociates (the "Architect") which has been approved by Landlord, (the "Space Plan") a copy which is attached hereto as Exhibit B and subcontractor(s) selected to perform such work, made a part hereof and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans drawings and specifications for all Alterations within a reasonable period the Premises (collectively the "Construction Drawings) which shall be prepared by the Architect based upon the Space Plan and shall be subject to the prior written approval of time after completion of Alterations, Landlord and Tenant (the Space Plan and the Construction Drawings are referred to pay to LANDLORD or its designated agent a reasonable fee for updating collectively herein as the master reproducible Building blueprint to show the Alterations"Space Plan and Construction Drawings").
(b) Prior All alterations, renovations, modifications and improvements which are made to commencing construction on any Alterations approved by LANDLORDthe Premises pursuant to this Section 9.1(i) shall be done in accordance with the Space Plan and Construction Drawings, TENANT (ii) shall be subject to the provisions of this Article IX and Article XIII hereof and (iii) shall be made at Tenant's sole cost; provided, however, that Landlord agrees to obtain provide Tenant with an improvement allowance (the "Tenant Improvement Allowance") in an amount equal to the product of Ten Dollars ($10.00) multiplied by the number of square feet of Net Rentable Area in the Premises. The Tenant Improvement Allowance shall be applied, as hereinafter set forth, to all "hard" and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them "soft" costs incurred in connection with such workthe design, signed by all contractorsmodification, subcontractorsalteration, suppliersrenovation, construction and laborers to become involved installation of the tenant improvements in such work. Ifthe Premises, notwithstanding the foregoingincluding, without limitation, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done forand all architectural, or materials claimed to have been furnished to, TENANT, such lien shall be discharged by TENANT within ten (10) days thereafter, at TENANT'S sole cost engineering and expense, by the payment thereof or by filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same consulting fees and treat the cost thereof cabling and any legal expenses incurred wiring fees in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in In the event LANDLORD shall give its written consent to TENANT'S making any such Alterationsthe entire Tenant Improvement Allowance is not utilized by Tenant in connection with designing, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest renovating, altering and upgrading the tenant improvements in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason unused portion of the failure Tenant Improvement Allowance shall be applied against the initial installment(s) of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed base rent due with respect to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior pursuant to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.Article III hereof
Appears in 1 contract
Samples: Lease Agreement (Cta Incorporated)
Tenant Alterations. Tenant may from time to time at its own expense make changes, additions and improvements in the Premises, provided that any such change, addition or improvement shall:
(a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofcomply with the requirements of any governmental or quasi-governmental authority having jurisdiction (including, TENANT shall not make or permit anyone to make any Alterationswithout limitation, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"the Americans with Disabilities Act), in or to with the Premises or the Building without requirements of Landlord's insurance carriers, and with Landlord's safety and access requirements, including restrictions on flammable materials and elevator usage;
(b) not be commenced until Landlord has received satisfactory evidence that all required permits have been obtained;
(c) be made only with the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance UnderwriterLandlord (which may be withheld in Landlord's Association of the local area and by the LANDLORD and conform to all requirements of the Federalsole discretion, state and local governments. Prior to the commencement of work on any Alterationsextent it relates in Landlord's opinion to the structure or electrical, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such workHVAC, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical plumbing or sprinkler systems of the Building. LANDLORD , but which otherwise shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done be unreasonably withheld);
(d) be construed in a good workmanlike manner and conform to complete working drawings prepared by a licensed architect and submitted to and approved by Landlord;
(e) be of a quality that equals or exceeds the then current standard for the Project and comply with all building, fire and safety codes;
(f) be carried out only during hours approved by Landlord by licensed contractors selected by Tenant and approved in accordance writing by Landlord, who shall deliver to Landlord before commencement of the work, performance and payment bonds as well as proof of workers' compensation and general liability insurance coverage, including coverage for completed operations and contractual liability, with Landlord and its agents and designees named as additional insureds, in amounts, with companies, and in form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work shall be carried out. Notwithstanding the foregoing, only subcontractors selected or designated by Landlord may be used to make connection with the plans and specifications provided Project's main electrical, plumbing or HVAC systems, except connections to LANDLORD. In such eventcircuit panels, TENANT shall promptly correct pipes or ducts within the problem(sPremises; and
(g) which gave rise to the work stoppageupon completion, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed shown on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish accurate "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, drawings in the event LANDLORD shall give its written consent form of reverse sepia transparencies or mylars delivered to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANTLandlord.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Tenant Alterations. Tenant may from time to time at its own expense make changes, additions and improvements in the Premises, provided that any such change, addition or improvement shall:
(a) Except for initial Leasehold Improvements comply with the requirements of any governmental or quasi-governmental authority having jurisdiction (including, without limitation, the Americans with Disabilities Act);
(b) not be commenced until Landlord has received satisfactory exxxxxxx that all required permits have been obtained;
(c) be made pursuant to Section 29 and Exhibit D hereof, TENANT shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Premises or the Building without only with the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by Landlord if the Insurance Underwriter's Association cost of the local area and by the LANDLORD same exceeds $5,000, which consent shall not be unreasonably withheld;
(d) be constructed in good workmanlike manner and conform to complete working drawings prepared by a licensed architect and submitted to and approved by Landlord, which approval shall not be unreasonably withheld;
(e) be of a quality that equals or exceeds the then current standard for the Premises and comply with all requirements building, fire and safety codes;
(f) be carried out only by licensed contractors selected by Tenant and approved in writing by Xxxxxxrd (which approval shall not be unreasonably withheld), who shall deliver to Landlord before commencement of the Federalwork performance and payment bonds as well as proof of workers' compensation and general liability insurance coverage, state including coverage for completed operations and local governments. Prior to the commencement of work on any Alterationscontractual liability, the LANDLORD'S written approval must be obtained with Landlord and its agents and designees named as to (i) the contractor(s) and subcontractor(s) selected to perform such workadditional insureds, in amounts, with companies, and (ii) comprehensive plans and specifications showing all in form reasonably satisfactory to Landlord, which shall remain in effect during the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done entire period in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall carried out; and
(g) upon completion, be constructed shown on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish accurate "as built" plans and specifications for all Alterations within a reasonable period reproducible drawings in the form of time after reverse sepia transparencies or mylars delivered to Landlord. Tenant also shall provide to Landlord upon completion any certificate of Alterationscompletion, and to pay to LANDLORD inspection or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond approval required by local law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Samples: Net Lease (Stratford American Corp)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofUntil Total Rent is paid in full, TENANT Tenant shall not make or permit anyone to make any Alterationsmake, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Premises or the Building without the Landlord’s prior written consent of LANDLORDwhich shall not be unreasonably withheld, conditioned or delayed, any material alterations, improvement, repairs or additions to and upon the Premises and shall not demolish the Building. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established After Total Rent is paid in full, Tenant from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federalwithout Landlord’s consent may make such alterations, state and local governments. Prior to the commencement of work on any Alterationsimprovements, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such workrepairs, and (ii) comprehensive plans additions to and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building thereon and which were installed in the Premises at the expense of the TENANT. If may install therein such Property of TENANT is not removed by TENANT Personalty and other property as it may consider advisable; provided, that no such actions may be taken prior to the expiration or termination of this Lease, the Hosting Services Agreement if such actions would prevent Landlord from performing its obligations under the Hosting Services Agreement in the same shall become manner as it performs such obligations as of the Property Commencement Date. Without limiting the foregoing, after the expiration or termination of LANDLORD and shall be surrendered with the Premises as a part thereofHosting Services Agreement, orTenant may, at LANDLORD'S optionits sole election, LANDLORD may cause demolish the same Building and, at its election, construct a new building. In connection therewith, Tenant shall, at Tenant’s expense, apply for any building permits required for the construction thereof. In connection therewith, at the request and expense of Tenant, Landlord shall: (a) cooperate to the extent necessary to obtain any required permits; (b) join with Tenant in all applications and proceedings; (c) agree (under a separate agreement to be removed negotiated in good faith by Landlord and Tenant) to allow Tenant to connect all sanitary wastewater systems of the Building and all other alterations, improvements and additions to the Premises to be restored the existing sanitary wastewater treatment and disposal system maintained by Landlord on the Entire Parcel; and (d) execute all agreements, easements and dedications required by government agencies, as a condition to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost issuance of such removal and restoration together with permits but only to the extent any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore such agreements, easements and/or dedications (i) affect only the Premises or Building as herein providedaffect any other portion of the Entire Parcel in a non-material manner and (ii) do not affect the operation of Landlord’s business in any materially adverse manner.
Appears in 1 contract
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant The following provisions shall apply to Section 29 and Exhibit D hereofthe completion of any Tenant Alterations:
(1) Tenant shall not, TENANT except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, make or permit anyone cause to make be made any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Tenant Alterations in or to the Premises or any Property systems serving the Building 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 the Landlord's prior written consent Tenant shall furnish Landlord with the names and addresses of LANDLORD. all contractors and subcontractors and copies of all contracts, All Tenant Alterations which may cause noise, vibration or other disturbance to any other tenant(s) of the Building shall be completed at such Alterations permitted by LANDLORD must conform to all rules time and regulations established 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 Insurance Underwriterengineers and contractors to perform all work relating to the Building's Association of systems (including the local area mechanical, heating, plumbing, security, ventilating, air conditioning, electrical, communication and by the LANDLORD fire and conform life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to all requirements of those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Federal, state Building and local governmentstheir respective agents and contractors performing work in or about the Building. Prior Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work on 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 LANDLORD'S written approval must be obtained as 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.
(3) Tenant agrees to complete all Tenant Alterations (i) the contractor(s) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and subcontractor(s) selected to perform such workin accordance with Landlord's standard construction rules and regulations, and (ii) comprehensive plans in a good and specifications showing all workmanlike manner with the proposed Alterations, including detailed descriptions 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 effect adequacy of the proposed Alterations on the mechanical and electrical systems design, workmanship or quality of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner materials for Tenant's intended use or in accordance of compliance with the plans requirements of Section 9.01(a)(3)(i) and specifications provided to LANDLORD. In such event, TENANT shall promptly correct (ii) above or impose any liability upon Landlord in connection with the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs performance of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationswork.
(b) Prior All Tenant Additions to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of this Lease to correct or remove the same and restore the Premises to and the property of Landlord at the time of their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD installation and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore in the Premises, the LANDLORD unless pursuant to Article Twelve, Tenant may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT remove them or is required to remove the same and/or restore the Premises as herein providedthem at Landlord's request.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Samples: Lease Agreement (Phone Com Inc)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT Tenant shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Alterations in or to the Premises or the Building Building, without the prior written consent of LANDLORD. All Landlord, which consent may be withheld or granted in Landlord's sole and absolute discretion with respect to any and all structural Alterations, Alterations which require a building permit and to those non-structural Alterations which are visible from the exterior of such Alterations permitted by LANDLORD must conform the Premises, and which consent shall not be unreasonably withheld or delayed with respect to all rules other non-structural Alterations, provided however that Tenant may, in compliance with the provisions of this Lease make decorations and regulations established from time improvements strictly cosmetic in nature, which do not require a building permit and which do not effect the Building Structure and Systems without the consent of Landlord, but shall provide Landlord prior written notice of same. Structural Alterations shall be deemed to time by consist of any Alterations that will necessitate any changes, replacements or additions to the Insurance Underwriter's Association walls, ceilings, partitions, columns or floor, or to the water, electrical, mechanical, plumbing, fire/ life safety, or HVAC systems, of the local area Premises or the Building. Any Alterations made by Tenant shall be made: (a) in a good, workmanlike, first-class and prompt manner; (b) using new materials only; (c) by a contractor, on days, at times and under the LANDLORD and conform to all requirements supervision of the Federalan architect approved in writing by Landlord, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written which approval must shall not be obtained as to unreasonably withheld or delayed; (id) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive in accordance with plans and specifications showing prepared by an engineer or architect, which, in all the proposed Alterationsinstances shall be approved in writing by Landlord, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD which approval shall have the right to stop such work if the LANDLORD not be unreasonably withheld or its designated agent determines that such work is not being done in a workmanlike manner or delayed; (e) in accordance with all Laws and the plans requirements of any insurance company insuring the Project or any portion thereof; and specifications provided (f) after obtaining public liability, builder's risk and worker's compensation insurance policies in such limits as reasonably required by Landlord, which policies shall cover every person who will perform any work with respect to LANDLORDsuch Alteration and shall meet the requirements set forth in Section 14.2 hereof. In If any lien (or a petition to establish such event, TENANT shall promptly correct the problem(slien) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them filed in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANTAlteration, such lien (or petition) shall be discharged by TENANT Tenant within ten (10) days thereafter, at TENANT'S Tenant's sole cost and expense, by the payment thereof or by the filing any of a bond required by lawacceptable to Landlord. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at Landlord gives its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S the making of any such AlterationsAlteration made by Tenant, such written consent shall not not: (i) be deemed to be an agreement or consent by LANDLORD Landlord to subject LANDLORD'S its interest in the Property Premises or the Project to any mechanic's or suppliers' liens which may be filed in respect connection therewith; or (ii) constitute either Landlord's assumption, in whole or in part, of Tenant's responsibility for compliance with any applicable Laws, or representation or confirmation by Landlord that such Alterations comply with the provisions of such Laws. All Alterations made by Tenant (including, without limitation, those involving structural, electrical, mechanical or on behalf of TENANT.
(c) TENANT shall indemnify plumbing work, fire and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal periodlife safety systems, the TENANT hereby agrees to cause same to be removed at roof of the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the PremisesBuilding, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expenseheating, ventilation and the TENANT hereby agrees to pay to the LANDLORD the costs air conditioning system of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building Building, and which were installed in the Premises at the expense roof of the TENANTBuilding) shall, be performed by contractors or subcontractor chosen by Tenant under contracts approved by Landlord at Tenant's expense, provided however any such approval shall not be unreasonably withheld or delayed. If such Property Tenant shall reimburse Landlord for all reasonable costs of TENANT is not removed by TENANT prior to the expiration or termination of this Leasereview, the same shall become the Property of LANDLORD coordination and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together supervision in connection with any and all damages which LANDLORD may suffer and sustain Alteration made by reason Tenant. Promptly after the completion of the failure an Alteration made by Tenant, Tenant at its expense shall deliver to Landlord three (3) sets of TENANT to remove the same and restore the Premises or Building as herein providedaccurate as-built drawings showing such Alteration in place.
Appears in 1 contract
Samples: Lease Agreement (Praxair Inc)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant The following provisions shall apply to Section 29 and Exhibit D hereofthe completion of any Tenant Alterations:
(1) Tenant shall not, TENANT except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or permit anyone cause to make be made any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Tenant Alterations in or to the Premises or any Building Systems serving the Building without the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written consent notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of LANDLORDnon‑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 names and addresses of all contractors and subcontractors and copies of all contracts. All of Tenant Alterations shall be completed at such Alterations permitted by LANDLORD must conform to all rules time and regulations established 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, conditioned or delayed; provided, however, that Landlord may, in its sole discretion, specify the Insurance Underwriter's Association of engineers and contractors to perform all work relating to the local area Building’s Systems (including the mechanical, heating, plumbing, security, ventilating, air‑conditioning, electrical, communication and by the LANDLORD fire and conform life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to all requirements of those whose work will not cause or threaten to cause disharmony or unreasonable interference with Landlord or other tenants in the Federal, state Building and local governmentstheir respective agents and contractors performing work in or about the Building. Prior Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work on or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord (only to the extent applicable and applicable to the type of Tenant Alterations proposed by Tenant): 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 for any Tenant Alterations which are expected to cost more than Five Hundred Thousand Dollars ($500,000). 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 LANDLORD'S written approval must be obtained as 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, 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 with the contractor(suse of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices and subcontractor(scomply 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 intended use or of compliance with the requirements of Section 9.1(a)(3)(i) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD above or its designated agent determines that such work is not being done impose any liability upon Landlord in a workmanlike manner or in accordance connection with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs performance of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationswork.
(b) Prior All Tenant Additions, whether installed by Landlord or Tenant, shall without compensation or credit to commencing construction on any Alterations approved by LANDLORDTenant, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers become part of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises and the property of Tenant at any the time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD installation and shall remain upon in the Premises Premises, unless pursuant to Article 12, Tenant may remove them or is required to remove them at Landlord’s request. Any remaining Tenant Additions and be surrendered with Landlord Work shall become the Premises property of Landlord at the expiration or termination of this Lease or any renewal or extension period without disturbanceLease. For the avoidance of doubt, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT Tenant shall have retain the right to remove, prior to the expiration depreciation deductions of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises Tenant Alterations made at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein providedTenant’s expense.
Appears in 1 contract
Samples: Office/Laboratory Lease (Dynavax Technologies Corp)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT Tenant shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Alterations in or to the Leased Premises or that would result after giving consideration to the Building completed Alteration, in a material diminution in the value of the Leased Premises without the Landlord's prior written consent of LANDLORDwhich consent may be withheld in Landlord's sole and absolute discretion. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by If the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work Alteration is not being done structural in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANTnature, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD Alteration shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORDLandlord, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct which consent shall not be unreasonably withheld, conditioned or remove the same and restore the Premises to their original improved condition, and TENANT delayed. Landlord agrees that Landlord's approval shall be liable (i) deemed unreasonable unless such structural Alteration causes a material diminution in the value of the Leased Premises or impairs the structural integrity of the Improvements and hereby agrees (ii) deemed granted in the event that Landlord does not respond to reimburse the LANDLORD for the costs Tenant's notice of such removal and restoration together with Alteration within ten (10) business days. Tenant may make any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or other Alterations without the prior written consent of LANDLORDLandlord provided such Alterations comply with all of the provisions of the following sentence. All Alterations shall be performed in a good and workmanlike manner, and shall be expeditiously completed in compliance with all Legal Requirements, (i) all work done. in connection with any such Alterations shall comply with all Insurance Requirements, (ii) Tenant shall promptly pay all costs and expenses of any such Alterations, and shall discharge all liens tiled against any of the Leased Premises arising out of the work, and shall, unless upon notice from Landlord, furnish to Landlord copies of such evidence of payment of costs and expenses or of discharge or waiver of liens as Landlord may reasonably request, (iii) Tenant shall procure and pay for all permits and licenses required in connection with any such Alterations, (iv) all such Alterations shall be the LANDLORD elects otherwise, become the Property property of LANDLORD Landlord and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees subject to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT (v) any Alterations that are structural in nature and the estimated cost of which in anyone instance exceeds Two Hundred Fifty Thousand Dollars ($250,000.00) shall have be made under the right supervision of a licensed architect or engineer in accordance with detailed plans and specifications which shall be submitted to remove, Landlord prior to the expiration commencement of the Term of this Lease, all movable equipment, furniture or furnishings Alterations and (vi) any Alterations which are not affixed to structural in nature and the Premises or the Building and estimated cost of which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and anyone instance exceeds Five Hundred Thousand Dollars ($500,000.00) shall be surrendered made under the supervision of a licensed architect or engineer in accordance with the Premises as detailed plans and specifications which shall be given to Landlord within a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein providedreasonable time after completion.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)
Tenant Alterations. 9.1 The original improvement of the Premises shall be accomplished by Landlord in accordance with Exhibit B. Landlord is under no obligation to make any structural or other alterations, decorations, additions, improvements or other changes (acollectively "Alterations") Except in or to the Premises except as set forth in Exhibit B or otherwise expressly provided in this Lease. Any additional Alterations, which are necessary in order for initial Leasehold Improvements made pursuant the Premises to Section 29 comply with requirements of the Americans with Disabilities Act or such other laws or amendments thereto which may be hereinafter enacted during the term of this Lease or any extensions or renewals hereof shall be the responsibility of Tenant, and Exhibit D hereofTenant hereby agrees to indemnify Landlord for any loss, TENANT claim or damages incurred by Landlord as a result of Ten ant's failure to make such additional Alterations.
9.2 Tenant shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Alterations in or to the Premises or the Building Building, without the Landlord's prior written consent, which consent shall not be unreasonably withheld with respect to proposed Alterations that are not visible from the exterior of LANDLORDthe Premises, do not affect the Building's structure, and do not impair the Building's mechanical, electrical, plumbing or HVAC systems. All Any Alterations made by Tenant shall be made; (a) in a good, workmanlike, first-class and prompt manner; (b) using new materials only; (c) by a contractor and in accordance with plans and specifications approved in writing by Landlord; (d) in accordance with all applicable legal requirements and requirements of any insurance company insuring the Building or portion thereof, including, but not limited to, compliance with the Americans with Disabilities Act; and (e) after Tenant has obtained and delivered to Landlord written, unconditional waivers of mechanics' and materialmen's liens against the Premises and the Building from all proposed contractors, subcontractors, laborers and material suppliers for all work and materials in connection with such Alterations. Upon completion of any such work, Tenant shall pay to Landlord an amount equal to the lesser of ten percent (10%) of the cost of such Alterations permitted workor the actual cost incurred by LANDLORD must conform Landlord, to all rules reimburse Landlord for the cost of coordination and regulations established final inspection of the work. During the course of performance of said work, Tenant will carry or cause to be carried insurance as may from time to time be required by Landlord naming Landlord and Xxxxxxxx's managing agent as additional insureds and further providing that such insurance cannot be canceled or reduced in amount without thirty (30) days prior written notice to Landlord and Xxxxxxxx's managing agent. Landlord shall require a guarantee by each of Tenant's prime contractors and materialmen for the Insurance Underwriter's Association benefit of the local area Landlord, Tenant and such other parties as Landlord shall designate that all work performed and materials and equipment furnished by the LANDLORD and such contractors will conform to all the requirements of the Federal, state and local governmentsplans and. Prior specifications as to the commencement kind, quality, function of the equipment and characteristics of material and workmanship and will remain so for a period of at least one year from the date that the work on has been completed, and in the event any Alterationsdeficiency, defects, faults or imperfections of materials, equipment or workmanship shall appear prior to the expiration of such period, the LANDLORD'S contractor upon receiving written approval must notice thereof from Landlord or Tenant will immediately correct and repair the same at the expense of such contractor; said guarantees to be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions effective whether or not any part of the effect of aforesaid work has been subcontracted by the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationscontractor.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, 9.3 If any mechanic's or suppliers' materialmen's lien or notice of intent with respect thereto is filed against the Property Premises or the Building for work claimed to have been done for, or materials claimed to have been furnished to, TENANTTenant, such lien shall be discharged by TENANT Tenant within ten thirty (1030) days thereafter, at TENANT'S Xxxxxx's sole cost and expense, by the payment thereof or by filing any bond required by law, and Xxxxxx hereby agrees to indemnify and save Landlord harmless from any legal expenses which Landlord may reasonably incur as a result of the filing of the lien or notice of intent and/or from any loss or liability incurred as a result of any lien filed against the Premises and/or Tenant. If TENANT Tenant shall fail to discharge any such mechanic's or suppliers' materialmen's lien, LANDLORD Landlord may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent Additional Rent payable with the monthly installment of Monthly Base Rent rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD Landlord shall not be deemed to waive or release the default of TENANT Tenant in not discharging the same. It is understood and agreed that, by Xxxxxxxx and Tenant that any such Alterations shall be conducted on behalf of Tenant and Landlord shall have no liability with respect thereto. It is further understood and agreed that in the event LANDLORD Landlord shall give its written consent to TENANT'S Xxxxxx's making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD Landlord to subject LANDLORD'S Landlord's interest in the Property Premises, the Building or the Land to any mechanic's or suppliers' materialmen's liens which may be filed in respect of any such Alterations made by or on behalf of TENANTTenant.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such 9.4 All Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall coveringcarpet, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORDLandlord) shall, unless at the LANDLORD elects otherwiseelection of Landlord, become the Property of LANDLORD and shall remain upon the Premises Premises, become property of Landlord, and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect , provided, however, that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT if Tenant is not in default in the performance of any of its obligations under this Lease, TENANT Tenant shall have the right to remove, prior to the expiration of the Term of this LeaseLease Term, all movable equipmentfurniture, furniture furnishings, or furnishings which are not affixed to the Premises or the Building and which were equipment installed in the Premises at the expense of Tenant. Should Landlord elect that Alterations made by Tenant upon the TENANT. If such Property of TENANT is not Premises be removed by TENANT prior to the expiration or upon termination of this LeaseLease or upon termination of any renewal period hereof, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may Tenant hereby agrees to cause the same to be removed at Tenant's sole cost and expense, and should Tenant fail to remove the Premises same then and in such event Landlord may cause same to be restored to their original improved condition (if necessary), removed at Tenant's expense and TENANT Tenant hereby agrees to pay to LANDLORD reimburse Landlord for the cost of such removal and restoration together with any and all damages which LANDLORD Landlord may suffer and sustain by reason of the failure of TENANT Tenant to remove the same same.
9.5 Tenant will indemnify and restore hold Landlord harmless from and against any and all expenses, liens, claims or damages to person or property which may or might arise directly or indirectly by reason of the Premises making of any such Alterations, except to the extent such expenses, liens, claims or Building as herein provideddamages are the result of Landlord's negligence or will ful misconduct. If any such Alteration is made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of this work.
Appears in 1 contract
Tenant Alterations. (a) Except for initial Leasehold From and after the Amendment No. 2 Effective Date, Section 9.1 of the Lease (as previously amended by Paragraph 7 of the First Amendment) is amended and restated in its entirety as follows: It is understood and agreed that Landlord will not make, and is under no obligation to make, structural or other alterations, decorations, additions or improvements in or to the Premises, except as otherwise provided in Section 6.1, Article VIII, Section 9.5, Article XVII of the Lease or Attachment B to this Amendment.
(b) From and after the Amendment No. 2 Effective Date, Section 9.2 of the Lease is amended and restated in its entirety as follows:
(a) Tenant shall give Landlord prior written notice (the “Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT shall not make or permit anyone Notice”) of Tenant’s intention to make any Alterations, decorationsalterations, additions, improvements or decorations (collectively, “improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), ”) in or to the Premises or the Building building. The Improvements Notice shall (i) be accompanied by copies of any plans or working drawings with respect thereto (which, if Landlord’s consent to such improvement is required, shall be preliminary drawings in sufficient detail to convey design intent), and shall indicate whether core drilling is anticipated; (ii) request Landlord to identify those portions of the improvements that Landlord shall be entitled to (and shall) require Tenant to remove at the end of the Lease Term and the condition to which Tenant shall be required to restore the affected area; (iii) request Landlord to identify whether any portion of the improvements will be designated as a “special installation” or any equipment as “special tenant equipment;” and (iv) with respect to those improvements for which Landlord’s consent is not required, the Improvements Notice shall be accompanied by a certification from an authorized representative of Tenant that the extent and nature of the proposed improvements are such that Landlord’s consent is not required pursuant to this Lease. Notwithstanding anything in the Lease to the contrary, if Landlord’s consent to any improvement is required, then any consent granted by Landlord based on preliminary drawings shall be subject to Landlord’s reasonable approval of final drawings that are sufficient in detail to permit a contractor to price and construct the proposed improvement without significant verbal or written explanation of the design by Tenant or its architect (it being understood that Landlord shall not have the right to object to the final plans to the extent consistent with the previously approved preliminary drawings)) Tenant shall also furnish to Landlord following completion of any improvements a copy of any final plans and working drawings which Tenant may have with respect thereto.
(b) Tenant shall not be required to obtain the consent of Landlord for the making of improvements in or to the Premises, unless (i) such improvements are structural in nature and involve more than Minor Structural Changes (as defined below), or (ii) such improvements will materially and adversely affect the mechanical, electrical, HVAC or plumbing equipment or other similar systems serving the building or the Premises, or (iii) such improvements are made to or affect the exterior of the building. Tenant shall be required to obtain the prior written consent of LANDLORDLandlord with respect to any improvements describe din clauses (i), (ii) and (iii) immediately preceding. All of such Alterations permitted by LANDLORD must conform Landlord shall not unreasonably withhold or delay its consent to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to improvement described in clauses (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii). Landlord may grant or withhold its consent with respect to any improvement described in clause (iii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done above in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole optionand absolute discretion. Minor Structural Changes shall mean non-load-bearing partition movement, correct such problem(s)moving doors, or complete the Alterationsrelocating light fixtures, or remove the Alterations core drilling and restore the Premises similar minor structural changes. If Landlord withholds its consent with respect to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations improvement then Landlord shall be constructed on behalf of TENANTspecify its reasons therefor in reasonable detail. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations Landlord shall be provided use reasonable efforts to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior respond to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, such lien shall be discharged by TENANT each Improvements Notice within ten (10) business days thereafterafter Landlord’s receipt thereof. If, at TENANT'S sole cost with respect to any improvements described in clauses (i) and expense(ii) above only, by Landlord fails to affirmatively withhold or deny its consent in writing within such ten (10) business day period, then (A) provided Tenant shall have delivered to Landlord with such Improvements Notice plans or working drawings in the payment thereof or by filing any bond form required by law. If TENANT Section 9.2(a) Landlord shall fail be deemed to discharge any have consented to such mechanic's or suppliers' lienimprovements, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD (B) Tenant shall not be deemed required to waive remove any of such improvements or release restore the default affected areas to its pre-existing condition at the end of TENANT in discharging the sameLease Term, and (C) no portion of such improvements shall be designated as a “special installation” and no equipment specified therein shall be designated as “special tenant equipment”. It is understood and agreed that, in the event LANDLORD Landlord shall give its written use reasonable efforts to review any resubmissions by Tenant within five (5) business days after Landlord’s receipt thereof. Notwithstanding that Landlord’s consent to TENANT'S making any such Alterations, such written consent shall may not be deemed required for core drilling, Tenant nevertheless agrees to be an agreement or consent arrange for preconstruction x-raying of the affected slab areas provided that Landlord requests the same by LANDLORD to subject LANDLORD'S interest in written notice received by Tenant within ten (10) business days following Landlord’s receipt of the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANTapplicable Improvements Notice.
(c) TENANT All improvements to the first floor lobby and first floor elevator areas shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason be consistent with the design intent of making the building (recognizing the same as a first-class building) using similar quality of any such Alterationsmaterials as used in the Complex.
(d) If Subject to the provisions of Articles XVII and XVIII, Tenant agrees to restore any Alterations are improvement requiring Landlord’s consent pursuant to Section 9.2(b)(i) through (iii) (other than improvements in existence as of the date hereof, the Expansion Space Tenant Work and those alterations and improvements for which Landlord’s consent is not required) to a condition reasonably approximating its pre-existing condition (taking into account any ordinary wear and tear which might reasonably have been expected to occur) or to such lesser condition as Landlord shall specify in connection with granting its consent to the construction or installation of any such improvement (except that Tenant shall not be required to demolish or remove any slab reinforcement). Notwithstanding that Landlord’s consent may not be required prior to the installation or construction thereof, Tenant shall, at Landlord’s request, restore to its pre-existing condition any material change or alteration made without or requested by Tenant to the prior written consent of LANDLORDmechanical, LANDLORD retains electrical, HVAC or plumbing equipment or other systems serving the right to enter building or the Premises at any time during provided that Landlord indicated such requirement within ten (10) business days after Landlord’s receipt of the Term of this applicable Improvements Notice therefor. All restoration required by the Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees accomplished prior to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or earlier termination of this the Lease or any renewal or extension period without disturbanceTerm; provided, molestation or injury. Should the LANDLORD elect that fixtureshowever, Alterationsthat, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed unless Landlord has notified Tenant in writing at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
least one hundred eighty (f180) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, days prior to the expiration of the Lease Term that Landlord has leased (or is actively negotiating a lease for) one or more particular portions of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and building to another tenant or prospective tenant (such affected portions being referred to herein as the “Committed Portions”), then Tenant may perform its restoration obligations on the floors on which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior there are no Committed Portions for up to the ninety (90) days after expiration or earlier termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.the
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofas otherwise set forth herein, TENANT Tenant shall not make or permit anyone allow to make be made any Alterationsalterations, decorations, additions, physical additions or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), improvements in or to the Premises (collectively, an “Alteration”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding anything to the contrary set forth above or elsewhere in this Lease, Tenant shall be permitted to perform Permitted Alterations (with a contractor designated by Tenant and approved by Landlord in writing, which approval shall not be unreasonably withheld, delayed or conditioned) to the interior of the Building. The following Alterations are referred to as “Permitted Alterations”: any Alteration which (a) is non-structural, including, but not limited to, any which are primarily cosmetic in nature; (b) does not cause any violation of and do not require any change in any certificate of occupancy applicable to the Premises or any portion thereof; (c) does not materially affect the functioning of the mechanical utilities, systems or equipment of the Building or other Improvement; (d) does not exceed $100,000 in any one instance (for purposes of this provision, a series of related alterations shall be aggregated together for purposes of determining whether such $100,000 threshold is exceeded); (e) does not in any way involve or affect the exterior of the Building; (f) does not in any way involve or affect the structure of the Improvements; (g) does not reduce in any respect the value of the Buildings (other than a de minimis reduction), the other Improvements or the Building without Premises; (h) is made with due diligence, in a good and workmanlike manner, and in compliance with all Laws; and (i) is promptly and fully paid for by Tenant. Tenant shall give Landlord prior notice of any Permitted Alteration, but the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior Landlord to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD Permitted Alteration shall not be deemed to waive or release the default of TENANT in discharging the samerequired. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such All Alterations made by Tenant (excluding moveable equipment, furniture or on behalf trade fixtures of TENANT.
(cTenant) TENANT shall indemnify at once become the property of Landlord and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees surrendered to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or Landlord upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or earlier termination of this Lease or unless Landlord elects by notice to Tenant at the time of granting consent; provided, however, that if Tenant fails to obtain such consent, Landlord may elect by notice to Tenant at any renewal or extension period without disturbancetime thereafter (or, molestation or injury. Should the LANDLORD elect that fixtures, with respect to Permitted Alterations, installationsunless Landlord elects by notice to Tenant within thirty (30) days after Landlord’s receipt of Tenant’s prior notice of the applicable Permitted Alterations, changesprovided, replacementshowever, additionsthat if such prior notice is not given by Tenant, or improvements made Landlord may elect by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or notice to Tenant at any renewal period, the TENANT hereby agrees time thereafter) to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition have Tenant remove such Alteration on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or earlier termination of this Lease, and repair any damage caused thereby in order to restore the same shall become Premises to substantially the Property condition as existed prior to the making of LANDLORD such Alteration, normal wear and tear and casualty damage excepted, and all costs of removal and repair to be borne by Tenant. Tenant shall be surrendered responsible for obtaining, at its cost, all permits required as to any Alteration; Landlord agrees to cooperate with Tenant, at Tenant’s cost, in obtaining all such permits. Tenant shall provide a copy of such permits to Landlord prior to starting work. Upon completion of any Alteration involving the construction or relocation of walls or partitions, Tenant shall deliver to Landlord a copy of the as-built plans or drawings with respect to such Alterations, as well as, if any, copies of operation and maintenance manuals for any non-moveable equipment installed in the Premises. Subject to the terms and conditions of the Declaration, Tenant may also perform landscaping and other exterior work not made to the Building without the consent of Landlord being required. Tenant shall not do or permit to be done any act which results in a lien being filed against the Premises as or Property; if a part thereoflien so results, or, at LANDLORD'S option, LANDLORD may Tenant shall cause the same to be removed and the Premises or bonded over within thirty (30) business days after written notice to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason Tenant of the failure filing thereof. Tenant shall have no authority, express or implied, to create any lien, charge or encumbrance upon the interest of TENANT to remove the same and restore Landlord in the Premises or Building as herein providedProperty.
Appears in 1 contract
Samples: Lease Agreement (Griffin Capital Net Lease REIT, Inc.)
Tenant Alterations. Tenant may from time to time at its own expense make changes, additions and improvements in the Premises, provided that any such change, addition or improvement shall:
(a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofcomply with the requirements of any governmental or quasi-governmental authority having jurisdiction (including, TENANT shall not make or permit anyone to make any Alterationswithout limitation, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"the Americans with Disabilities Act), in or to with the Premises or the Building without requirements of Landlord's insurance carriers, and with Landlord's safety and access requirements, including restrictions on flammable materials and elevator usage;
(b) not be commenced until Landlord has received satisfactory evidence that all required permits have been obtained;
(c) be made only with the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance UnderwriterLandlord (which may be withheld in Landlord's Association of the local area and by the LANDLORD and conform to all requirements of the Federalsole discretion, state and local governments. Prior to the commencement of work on any Alterationsextent it relates in Landlord's opinion to the structure or electrical, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such workHVAC, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical plumbing or sprinkler systems of the Building. LANDLORD , but which otherwise shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done be unreasonably withheld);
(d) be constructed in a good workmanlike manner and conform to complete working drawings prepared by a licensed architect and submitted to and approved by Landlord;
(e) be of a quality that equals or exceeds the then current standard for the Project and comply with all building, fire and safety codes;
(f) be carried out only during hours approved by Landlord by licensed contractors selected by Tenant and approved in accordance writing by Landlord, who shall deliver to Landlord before commencement of the work performance and payment bonds as well as proof of workers' compensation and general liability insurance coverage, including coverage for completed operations and contractual liability, with Landlord and its agents and designees named as additional insureds, in amounts, with companies, and in form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work shall be carried out. Notwithstanding the foregoing, only subcontractors selected or designated by Landlord may be used to make connection with the plans and specifications provided Project's main electrical, plumbing or HVAC systems, except connections to LANDLORD. In such eventcircuit panels, TENANT shall promptly correct pipes or ducts within the problem(sPremises; and
(g) which gave rise to the work stoppageupon completion, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed shown on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish accurate "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, drawings in the event LANDLORD shall give its written consent form of reverse sepia transparencies or mylars delivered to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANTLandlord.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Samples: Office Lease (Eschelon Telecom Inc)
Tenant Alterations. Tenant may from time to time at its own expense make changes, additions and improvements in the Premises, provided that any such change, addition or improvement shall:
(a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofcomply with the requirements of any governmental or quasi-governmental authority having jurisdiction (including, TENANT shall not make or permit anyone to make any Alterationswithout limitation, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"the Americans with Disabilities Act), in or to with the Premises or the Building without requirements of Landlord’s insurance carriers, and with Landlord’s safety and access requirements, including restrictions on flammable materials and elevator usage;
(b) not be commenced until Landlord has received satisfactory evidence that all required permits have been obtained;
(c) be made only with the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the FederalLandlord (which may be withheld in Landlord’s sole discretion, state and local governments. Prior to the commencement of work on any Alterationsextent it relates in Landlord’s opinion to the structure or electrical, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such workHVAC, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical plumbing or sprinkler systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) but which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD otherwise shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.unreasonably withheld);
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right be constructed in good workmanlike manner and conform to enter the Premises at any time during the Term of this Lease complete working drawings prepared by a licensed architect and submitted to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.approved by Landlord;
(e) All fixturesbe of a quality that equals or exceeds the then current standard for the Project and comply with all building, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet fire and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.safety codes;
(f) If TENANT is not be carried out only during hours approved by Landlord by licensed contractors selected by Tenant and approved in default writing by Landlord, who shall deliver to Landlord before commencement of the work performance and payment bonds as well as proof of workers’ compensation and general liability insurance coverage, including coverage for completed operations and contractual liability, with Landlord and its agents and designees named as additional insureds, in amounts, with companies, and in form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work shall be carried out. Notwithstanding the foregoing, only subcontractors selected or designated by Landlord may be used to make connection with the Project’s main electrical, plumbing or HVAC systems, except connections to circuit panels, pipes or ducts within the Premises; and
(g) upon completion, be shown on accurate “as built” reproducible drawings in the performance form of any of its obligations under this Lease, TENANT shall have the right reverse sepia transparencies or mylars delivered to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein providedLandlord.
Appears in 1 contract
Samples: Office Lease (Eschelon Telecom Inc)
Tenant Alterations. 9.1 Landlord shall perform the Base Building Work in accordance with Exhibit B attached hereto and made a part hereof. Landlord shall perform the Leasehold Work in the Premises in accordance with Exhibit B. It is understood and agreed that except as provided in the preceding sentence, Landlord will not make, and is under no obligation to make, any structural or other alterations, decorations, additions or improvements in or to the Premises.
(a) Except for initial with respect to the Leasehold Improvements made Work pursuant to Section 29 and Exhibit D hereofB, TENANT shall Tenant will not make or permit anyone to make any Alterationsalterations, decorations, additions, additions or improvements (hereinafter referred to collectively as “improvements” or “Alterations”), structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Premises or the Building Building, without the prior written mitten consent of LANDLORDLandlord. All Landlord’s consent with respect to proposed Alterations that are Structural Alterations may be granted or withheld in Landlord’s sole and absolute discretion. Landlord’s consent with respect to improvements that are not Structural Alterations shall not be unreasonably withheld, conditioned or delayed. Landlord shall respond to a request by Tenant to approve (or give reasons for Landlord’s disapproval) of any Alterations within fifteen (15) days after Landlord’s receipt of such Alterations permitted by LANDLORD must conform request. In the event Landlord does not provide to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S Tenant either Landlord’s written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(sLandlord’s specific written objection(s) which gave rise to the work stoppage, and if TENANT fails to do so thereto within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after Landlord receives a second request (which second request shall (x) be provided after the initial fifteen (15) day period for Landlord’s approval expires, and (y) include a cover letter with bold type indicating that failure of the Landlord to respond shall constitute a deemed approval), then Landlord shall be deemed to have approved such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all proposed Alterations. In additionNotwithstanding the foregoing, TENANT agrees to furnish "as built" plans provided Tenant gives Landlord prior written notice, Tenant may install in the Premises, without obtaining Landlord’s prior written consent the following (the “Cosmetic Alterations”): (i) painting, carpeting and specifications for all Alterations within a reasonable period of time after completion of Alterationswallcoverings, and (ii) minor, nonstructural Alterations of a decorative nature, except that with respect to pay the items set forth in the foregoing clause (ii) the value of such improvements (as reasonably determined by Landlord) shall be less than Three Hundred Thousand Dollars ($300,000.00) for each alteration, and such improvements shall not require a building permit. Notwithstanding anything to LANDLORD the contrary contained in this Lease, in no event shall Tenant be permitted to make any Alterations to, or visible from, the main lobby of the Building without Landlord’s prior written consent, which consent may be withheld or granted by Landlord in its designated agent sole discretion. “Structural Alterations” shall be any Alterations that (i) will or may necessitate any changes, replacements or additions to columns or floors or other structural elements of the Building; (ii) are readily visible to the exterior of the Building, or the common and public areas thereof, or the main lobby of the Building or (iii) adversely affect the Base Building Systems of the Premises or the Building, or the roof of the Building. Tenant acknowledges and agrees that Tenant may request, at Tenant’s cost, to consult with Landlord’s building engineer in connection with the Leasehold Work by appointment, and Tenant further acknowledges and agrees that if, at the request of Tenant, such consultation occurs outside the hours of 7:30 AM to 6:00 PM Monday through Friday, or at any time on a reasonable fee legal holiday, then such consultation shall be charged to Tenant at Landlord’s standard overtime rates for updating the master reproducible Building blueprint to show the Alterationsits building engineer.
(b) Prior Any Alterations made by Tenant shall be made: (i) in a good, workmanlike, first-class. and prompt manner and otherwise in accordance with the Landlord’s rules, including any rules for contractors, that may be reasonably established by Landlord from time to commencing construction time; (ii) using new or other first-class materials only; (iii) by a contractor, on days, and at times reasonably approved in writing by Landlord; (iv) after coordinating the work schedule and scope with the Building’s property manager to avoid undue interference with the normal operations and use of the Building; (v) in accordance with plans and specifications prepared by an engineer or architect reasonably acceptable to Landlord, which plans and specifications shall be approved in writing by Landlord (and Tenant shall reimburse Landlord for any Alterations approved reasonable third-party out of pocket costs incurred by LANDLORDLandlord in reviewing and approving such plans and specifications); (vi) in accordance with all Legal Requirements, TENANT Insurance Requirements (as defined below), and the requirements of the Underwriters’ Association of the State of Maryland; (vii) after having obtained any required consent of the holder of any Mortgage, provided Landlord has notified Tenant of such requirement and agrees to cooperate with Tenant’s efforts to obtain such consent; and (viii) after obtaining commercial general liability and worker’s compensation insurance policies reasonably acceptable to Landlord, which policies shall cover every person who will perform any work with respect to such Alteration. Notwithstanding the foregoing, items (iii), (v) and (vii) above shall apply only with respect to Structural Alterations. Following completion of any material Alterations, Tenant shall obtain and deliver to LANDLORD written and Landlord written, unconditional waivers of mechanic's mechanics’ and suppliers' material men’s liens upon against the Property for all work, labor, Premises and services to be performed, and materials to be furnished, the Building from the general contractor employed by them Tenant in connection with Alterations.
(c) If any lien (or a petition to establish such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien lien) is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANTin connection with any Alteration, such lien (or petition) shall be discharged by TENANT Tenant within ten thirty (1030) days thereafter, at TENANT'S Tenant’s sole cost and expense, by the payment thereof or by the filing any bond required by lawof a bond. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at Landlord gives its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S the making of any such AlterationsAlteration, such written consent shall not be deemed to be an agreement or consent by LANDLORD Landlord to subject LANDLORD'S its interest in the Property Premises or the Building to any mechanic's or suppliers' liens which may be filed in respect connection therewith. 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 annual 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 Premises shall be conducted on behalf of Tenant and not on behalf of Landlord, and that Tenant shall be deemed the “owner” of such improvements (and not the agent of Landlord) for purposes of the application of State of Maryland lien Laws.
(d) All Structural Alterations that involve changes to or affect the Base Building Systems or the roof of the Building shall, at Landlord’s election, be performed by Landlord’s designated contractor or subcontractor at Tenant’s expense, provided that such contractor’s or subcontractor’s charges shall be competitive.
(e) Promptly after the completion of an Alteration for which a building permit is required. Tenant at its expense shall deliver to Landlord two (2) sets of accurate as-built drawings and one (1) AutoCAD computer disc showing such Alteration in place.
(f) When granting its consent, Landlord may impose any reasonable conditions it 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 Building. Landlord’s review and approval of any such Alterations made plans and specifications and its consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with all applicable Legal Requirements and requirements of the insurers of the Building (“Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to all applicable Legal Requirements and Insurance Requirements nor impose any liability or on behalf obligation upon Landlord with respect to the completeness, design sufficiency or compliance with all applicable Legal Requirements or Insurance Requirements of TENANTsuch plans, specifications and work.
(c) TENANT 9.3 Tenant shall indemnify and hold LANDLORD Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or damages to any person or property which may or might arise arising, directly or indirectly indirectly, by reason of the making of any such Alterations.
(d) improvements to the Premises by Tenant, or its contractors, agents or employees. If any Alterations improvements for which Landlord’s consent is required are made without the prior written consent of LANDLORDLandlord, LANDLORD retains Landlord shall have the right to enter the Premises at any time during the Term of this Lease to remove and correct or remove the same such improvements and restore the Premises to their original improved conditioncondition immediately prior thereto, and TENANT Tenant shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) expenses incurred by Landlord in connection therewith. All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building made by either party shall remain upon and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereofthereof at the end of the Lease Term, orexcept that (a) at the end of the Lease Term at Tenant’s sole cost and expense, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition Tenant shall remove all Alterations that (if necessaryi) are Non-Standard Alterations (defined below), and TENANT hereby agrees (ii) of which Landlord gave notice to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.Tenant at the
Appears in 1 contract
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 Tenant and Exhibit D hereof, TENANT shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Premises or the Building without the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD each Operating Subtenant shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans at any time and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period Term to make, at its sole cost and expense, changes, alterations, additions or improvements (collectively, “Alterations”) in or to the Premises, subject, however, in each case to all of construction the following:
(a) No Alteration shall be undertaken except after prior written notice to Landlord and Landlord’s approval thereof (which approval shall be in Landlord’s sole and absolute discretion except as otherwise provided in this Section 5.4), provided that no such notice or approval shall be required with respect to (i) any non-structural Alteration involving an estimated cost of all Alterationsless than or equal to the Threshold Amount (as reasonably estimated by a licensed third party architect or contractor reasonably selected by Tenant and reasonably approved by Landlord), (ii) any Alteration made by Tenant or any Operating Subtenant on an emergency basis (e.g., to protect health or welfare of persons or imminent loss or damage to the Premises or any part thereof) in which case Tenant shall notify Landlord in writing of such emergency Alteration as soon as practicable, or (iii) Alterations required by the Requirements or Applicable Law. In additionAs used herein, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterationsthe term “nonstructural Alteration” means an alteration that does not modify or harm the roof, and to pay to LANDLORD foundation, load-bearing walls or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show systems (e.g. electric, water, HVAC, etc.) serving the AlterationsFacility, or otherwise jeopardize any Permits and/or warranties relating thereto.
(b) Prior Other than an Alteration to commencing construction on any Alterations comply with Applicable Laws, no material structural Alteration, and no other Alteration involving an estimated cost of more than the Threshold Amount (as reasonably estimated by a licensed third party architect or contractor reasonably selected by Tenant and reasonably approved by LANDLORDLandlord), TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORDLandlord in Landlord’s sole and absolute discretion, LANDLORD retains except with respect to non-structural Alterations, for which consent shall not be unreasonably withheld, conditioned or delayed.
(c) Any Alteration shall, when completed, be of such a character as not to be expected to reduce the right to enter value of the Premises at below its value immediately before such Alteration as determined by Landlord in its reasonable discretion.
(d) Notwithstanding the provisions of Section 5.4(a)(i) and (ii) and Section 5.4(b), if, under the provisions of any time during Mortgage which has been delivered or otherwise made available to Tenant for review and compliance or any Mortgage Loan Documents, any Alteration requiring Landlord’s consent hereunder also requires the Term consent of this Lease to correct or remove the same and restore Mortgagee, the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs written consent of such removal and restoration together with Mortgagee must be obtained before the commencement of any and all damages which the LANDLORD may suffer and sustain as a result thereofsuch Work.
(e) All fixturesNotwithstanding the provisions of Section 5.4(a) and Section 5.4(b), Alterationsno Alteration shall be made by Tenant or any Operating Subtenant without Landlord’s reasonable consent if the same would reduce the number of licensed beds, installations, changes, replacements, additionsincluding the number of any higher-acuity beds, or improvementsthe square footage of the Building being altered, or weaken, temporarily or permanently, the structure of the Building being altered or any part thereof, or enable Tenant or Operating Subtenant to conduct activity inconsistent with the limitations upon its use as stated in Article 4. Notwithstanding the foregoing or any other language herein to the contrary, no Alteration shall be made by or on behalf of Tenant or any Operating Subtenant without Landlord’s consent, in its sole discretion, if the same would reduce the number of licensed beds, including wallthe number of any higher-to-wall carpet and wall covering, toacuity beds, in or upon the Premises Facility below the Licensed Bed Capacity by more than five percent (whether installed with or without 5%). Landlord shall not be required to give any consent to Alterations to the prior written extent it would violate the provisions of any Mortgage Loan Documents, and any consent by Landlord shall not be deemed a waiver of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD Tenant’s and shall remain upon the Premises and be surrendered Operating Subtenant’s obligation to comply with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein providedMortgage Loan Documents.
(f) If TENANT is not in default in the performance The reasonable cost and expense of Landlord’s and Mortgagee’s review of any plans and specifications for Alterations required to be furnished to Landlord and Mortgagee pursuant to Section 5.5 hereof, including third party costs and expenses, shall be paid by Tenant to Landlord within ten (10) days after written demand as Supplementary Rent.
(g) The provisions and conditions of its obligations Section 5.5 shall apply to any work performed by Tenant under this Lease, TENANT shall have the right to remove, prior to the expiration Section 5.4.
(h) For purposes of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building Sections 5.4 and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease5.5, the same “Threshold Amount” means, for each applicable project in a Building, an amount equal to $50,000.00 per Facility per Lease Year; provided, that the Threshold Amount for nonstructural Alterations (as defined in Section 5.4(a) above) shall become the Property of LANDLORD be equal to $100,000.00 per Facility per Lease Year. The Threshold Amount shall apply on a per project basis and shall not be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein providedcumulative.
Appears in 1 contract
Samples: Master Lease (Griffin-American Healthcare REIT IV, Inc.)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant The following provisions shall apply to Section 29 and Exhibit D hereofthe completion of any Tenant Alterations:
(1) Tenant shall not, TENANT except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, make or permit anyone cause to make be made any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Tenant Alterations in or to the Premises or any Property systems serving the Building without the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days’ prior written consent notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of LANDLORDnon-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 names and addresses of all contractors and [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. subcontractors and copies of all contracts. All of Tenant Alterations shall be completed at such Alterations permitted by LANDLORD must conform to all rules time and regulations established 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 Insurance Underwriter's Association of engineers and contractors to perform all work relating to the local area Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and by the LANDLORD fire and conform life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to all requirements of those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Federal, state Building and local governmentstheir respective agents and contractors performing work in or about the Building. Prior Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work on 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 Xxxxxx’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 LANDLORD'S written approval must be obtained as 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, 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 with the contractor(suse of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices and subcontractor(sTenant 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 intended use or of compliance with the requirements of Section 9.1(a)(3)(i) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD above or its designated agent determines that such work is not being done impose any liability upon Landlord in a workmanlike manner or in accordance connection with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs performance of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationswork.
(b) Prior All Tenant Additions, whether installed by Landlord or Tenant, shall without compensation or credit to commencing construction on any Alterations approved by LANDLORDTenant, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers become part of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises and the property of Landlord at any the time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD installation and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore in the Premises, the LANDLORD unless pursuant to Article 12, Tenant may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT remove them or is required to remove the same and/or restore the Premises as herein providedthem at Landlord’s request.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Tenant Alterations. (a) Except for initial Leasehold Improvements made completion of Tenant Work undertaken by Tenant pursuant to Section 29 and Exhibit D hereofthe Workletter, TENANT the following provisions shall apply to the completion of any Tenant Alterations:
(i) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, make or permit anyone cause to make be made any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Tenant Alterations in or to the Premises or any Property systems serving the Building without the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written consent notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of LANDLORDnon-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 of Tenant Alterations shall be completed at such Alterations permitted by LANDLORD must conform to all rules time and regulations established 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 Insurance Underwriterengineers and contractors to perform all work relating to the Building's Association of systems (including the local area mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and by the LANDLORD fire and conform life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to all requirements of those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Federal, state Building and local governmentstheir respective agents and contractors performing work in or about the Building. Prior Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work on 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 LANDLORD'S written approval must be obtained as Tenant Alterations.
(ii) 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.
(iii) Tenant agrees to complete all Tenant Alterations (i) the contractor(s) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and subcontractor(s) selected to perform such workin accordance with Landlord's standard construction rules and regulations, and (ii) comprehensive plans in a good and specifications showing all workmanlike manner with the proposed Alterations, including detailed descriptions 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 effect adequacy of the proposed Alterations on the mechanical and electrical systems design, workmanship or quality of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner materials for Tenant's intended use or in accordance of compliance with the plans requirements of Section 9.1(a)(3)(i) and specifications provided to LANDLORD. In such event, TENANT shall promptly correct (ii) above or impose any liability upon Landlord in connection with the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs performance of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationswork.
(b) Prior All Tenant Additions whether installed by Landlord or Tenant, shall without compensation or credit to commencing construction on any Alterations approved by LANDLORDTenant, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers become part of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises and the property of Landlord at any the time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD installation and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore in the Premises, the LANDLORD unless pursuant to Article Twelve, Tenant may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT remove them or is required to remove the same and/or restore the Premises as herein providedthem at Landlord's request.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Tenant Alterations. A. Tenant shall prepare the demised premises in a first class, high quality manner, using superior quality materials and finishes and with regard thereto, not later than thirty (a30) Except days subsequent to the Commencement Date, Tenant shall submit to Landlord for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofLandlord's written approval, TENANT which approval shall not make be unreasonably withheld or permit anyone to make any Alterationsdelayed, decorations, additions, or improvements, structural or otherwise, or install any fixtures its proposed layout and design plan (hereinafter collectively referred to as "Alterations")including, in or to reasonable detail, materials, colors and finishes) for the Premises or the Building without the prior written consent of LANDLORD. All of such Alterations permitted demised premises further provided that once approved in writing by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to Landlord (i) the contractor(sany deviation shall again require Landlord's written approval (which approval similarly shall not be unreasonably withheld or delayed) and subcontractor(s) selected to perform such work, and (ii) comprehensive such final layout and design plan, as approved by Landlord, same shall be deemed incorporated herein by reference whether or not the same are physically attached hereto and which approved plans and specifications showing all shall be hereinafter referred to as Exhibit LDP.
B. Promptly after receiving Landlord's written approval of its layout and design plan for the proposed demised premises, Tenant shall thereafter promptly proceed, and diligently prosecute to completion, the preparation of the demised premises and the opening of business therefrom for the Permitted Retail Use on or before the "Outside Opening Date" (defined in Article 50).
C. Tenant acknowledges being advised that the Building is listed on The National Register of Historic Places and Tenant agrees to strictly abide by any guidelines, rules or regulations imposed in connection therewith. Accordingly, prior to performing any work ("Tenant Alterations") in the demised premises, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that installing any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained fixtures in the course of such Alterations demised premises, Tenant must first secure Landlord's written approval (which approval shall not be provided unreasonably withheld or delayed) for same with respect to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them matters in connection with such workfixtures, signed including but not limited to size, style, location, manner of installation and general appearance.
D. All contractors retained by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property Tenant for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, such lien Tenant Alterations shall be discharged by TENANT within ten (10) days thereaftersubject to Landlord's prior written approval, at TENANT'S sole cost and expense, by the payment thereof or by filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD which approval shall not be deemed unreasonably withheld or delayed. All subcontracts relating to waive or release base Building systems (i.e., mechanical, electrical, HVAC, plumbing and life safety) shall be with subcontractors chosen by the default Tenant from a list of TENANT subcontractors submitted by Landlord further provided that Tenant acknowledges that it must retain Landlord's designated Building electrician to tie-in discharging all connections from the samedemised premises to the base Building systems. It is understood and agreed thatAll other subcontractors employed by Tenant and/or its contractor shall be approved by Landlord, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent which approval shall not be deemed to be an agreement unreasonably withheld or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANTdelayed.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without E. At the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason end of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term term of this Lease, all movable equipmentas same may be extended, furniture or furnishings which are not affixed Tenant shall return the demised premises to the Premises or the Building and which were installed Landlord in the Premises at condition it was delivered to Tenant on the expense Commencement Date (to wit: broom clean and in neat and orderly condition with all installations, fixtures, furnishings and other personal property of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessaryTenant removed), subject, however, to normal wear and TENANT hereby agrees to pay to LANDLORD the cost of such removal tear and restoration together with any and all damages which LANDLORD may suffer and sustain damage by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein providedcasualty.
Appears in 1 contract
Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant The following provisions shall apply to Section 29 and Exhibit D hereofthe completion of any Tenant Alterations:
(1) Tenant shall not, TENANT except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, make or permit anyone cause to make be made any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Tenant Alterations in or to the Premises or any Property systems serving the Building without the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord at least ten (10 days prior written consent notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of LANDLORDnon-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 names and addresses of all contractors and subcontractors and copies of all contracts. All of Tenant Alterations shall be completed at such Alterations permitted by LANDLORD must conform to all rules time and regulations established in such manner as Landlord may from time to time reasonably approve, 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 Insurance Underwriter's Association of engineers and contractors to perform all work relating to the local area Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and by the LANDLORD fire and conform life safety systems in the Building) so long as such engineers and contractors are available and have competitive rates. The contractors, mechanics and engineers who may be used are further limited to all requirements of those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Federal, state Building and local governmentstheir respective agents and contractors performing work in or about the Building. Prior Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work on 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. In connection with Tenant Alterations which are reasonably anticipated to cost in excess of $500,000.00, Landlord may, in the exercise of commercially reasonable good-faith judgment, require 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 LANDLORD'S written approval must be obtained as 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) the contractor(s) in accordance with all Laws, Hazardous Materials Laws, all requirements of applicable insurance companies and subcontractor(s) selected to perform such workin accordance with Landlord’s reasonably promulgated construction rules and regulations, and (ii) comprehensive plans in a good and specifications showing all workmanlike manner with the proposed Alterations, including detailed descriptions 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 effect adequacy of the proposed Alterations on the mechanical and electrical systems design, workmanship or quality of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner materials for Tenant’s intended use or in accordance of compliance with the plans requirements of Section 9.1(a)(3)(i) and specifications provided to LANDLORD. In such event, TENANT shall promptly correct (ii) above or impose any liability upon Landlord in connection with the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs performance of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationswork.
(b) Prior All Tenant Alterations shall without compensation or credit to commencing construction on any 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 12, Tenant may remove them or is required to remove them at Landlord’s request.
(c) Tenant shall be solely responsible for all Tenant Alterations approved by LANDLORDthat Tenant desires to prepare the Premises for Tenant’s use and occupancy thereof, TENANT which shall be performed in strict accordance with the foregoing terms and provisions of this Section 9.
1. Subject to the terms and provisions hereof, Landlord agrees to obtain and deliver contribute an amount not to LANDLORD written and unconditional waivers exceed Two Hundred Fifty Thousand Dollars ($250,000.00) (the “Tenant Improvement Allowance”) toward the cost of mechanic's and suppliers' liens upon the Property replacement of the Project’s fire alarm panel, with any remainder being available for any other Tenant Alterations to the Premises. If the cost of any such work exceeds the Tenant Improvement Allowance, then such excess amount shall be borne solely by Tenant. Landlord shall pay the Tenant Improvement Allowance to Tenant within thirty (30) days following the later to occur of (i) Landlord’s receipt of documentary evidence reasonably satisfactory to Landlord of all work, labor, and services to be performed, of Tenant’s expenditures for work performed and materials used in completing such work; and (ii) Landlord’s receipt of final, unconditional lien releases in form and content satisfactory to be furnished, by them Landlord from all persons or entities providing labor and/or materials in connection with such work; provided, signed by all contractorshowever, subcontractorsin no event shall Landlord be obligated to pay any portion of the Tenant Improvement Allowance to Tenant prior to the Commencement Date. If Landlord fails to timely fund the Tenant Improvement Allowance within the time period set forth above in this Section 9.1(c), suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, such lien then Tenant shall be discharged by TENANT entitled to deliver written notice (a “Payment Notice”) thereof to Landlord. If Landlord still fails to fulfill any such obligation within ten (10) business days thereafterafter Landlord’s receipt of the Payment Notice from Tenant and if Landlord fails to deliver written notice to Tenant within such ten (10) business day period explaining Landlord’s reasons that the amounts described in Tenant’s Payment Notice are not due and payable by Landlord (“Refusal Notice”), then Tenant shall be entitled to offset such amount(s), together with interest at TENANT'S sole cost and expensethe Default Rate from the date of the Payment Notice until the date of offset, by the payment thereof or by filing any bond required by lawagainst Tenant’s obligation to pay monthly Base Rent. If TENANT shall fail to discharge any such mechanic's or suppliers' lienHowever, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD Tenant shall not be deemed entitled to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterationsoffset if Tenant is in default under the Lease at the time that such offset would otherwise be applicable. If Landlord delivers a Refusal Notice, and if Landlord and Tenant are not able to agree on the amounts to be so paid by Landlord, if any, within ten (10) business days after Tenant’s receipt of a Refusal Notice, then either Landlord or Tenant may elect to have such written consent dispute resolved by binding arbitration before a retired judge of the Superior Court of the State of California under the auspices of JAMS/ENDISPUTE (or any successor to such organization) in Alameda County, California, according to the then rules of commercial arbitration of such organization. If Tenant prevails in any such arbitration, Tenant shall be entitled to offset the amount determined to be payable by Landlord in such proceeding together with interest at the Default Rate from the date of the Payment Notice against Tenant’s next obligations to pay monthly Base Rent (but Tenant shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property entitled to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT offset if Tenant is not in default in under the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Samples: Lease Agreement (XOMA Corp)
Tenant Alterations. 6.1 Tenant shall make no changes or alterations in or to the Premises of any nature, nor shall Tenant make any changes to any plans and specifications approved by Landlord, without the prior written consent of Landlord in each instance, which consent may be withheld for any reason or for no reason. Notwithstanding the foregoing, in the event Tenant desires to make non-structural alterations to the Premises, the aggregate cost of which would not exceed $5,000, Landlord's consent to any such alterations shall not be unreasonably withheld. In connection with any work performed on or to the Premises by or on behalf of Tenant during the Lease Term, Tenant shall, at Tenant's expense, comply with the provisions of each and every one of the subsections set forth below. Prior to the commencement of any such work, Tenant shall:
(a) Except submit to Landlord, for initial Leasehold Improvements made pursuant Landlord's written approval, complete working plans and specifications for the work to Section 29 be done by Tenant;
(b) submit to Landlord, for Landlord's written approv al, the names of Tenant's proposed general contractor and Exhibit D hereofmajor subcontractors (it being understood that, TENANT in connection with any such approval, Landlord shall not make have the right to require that payment and performance by the general contractor be bonded);
(c) obtain the necessary consents, authorizations and licenses from the federal, state and/or municipal authorities having jurisdiction over the work to be done, and no work shall be started or permit anyone equipment installed unless and until all such necessary consents, authorizations and licenses shall have first been duly obtained by Tenant and/or Tenant's contractors or other persons doing the work or installing the equipment on behalf of Tenant;
(d) comply with such laws, orders, ordinances and regulations of federal, state county and municipal authorities with respect to make such alterations, including without limitation, the requirements of Title III of the Americans with Disabilities Act of 1990;
(e) deliver to Landlord certificates of Worker's Compensation Insurance indicating that Tenant or any Alterations, decorations, additions, contractor employed by Tenant or improvements, structural or otherwise, any other persons who do any work or install any fixtures equipment in the Premises shall be fully covered by Worker's Compensation Insurance; and
(hereinafter collectively referred f) deliver to Landlord Certificates of Insurance evi dencing the insurance described in Section 6.3 hereof, containing the agreement of the insurance company issuing such Certificates that ten (10) days' written notice of any material policy change or cancellation, shall be furnished to Landlord.
(g) ten (10) days prior to the commencement of any work, deliver to Landlord a notice stating the date the installa tion of the alterations is to commence so that Landlord can post and record appropriate notices of non-responsibility.
6.2 All work performed by or on behalf of Tenant in the Premises shall be subject at all times to inspection by Landlord and shall be conducted in such manner as "Alterations"not to disturb the opera tion of the Building or any of its tenants. Any approval or super vision which Landlord may exercise pursuant to the terms hereof shall not in any manner be deemed or construed to constitute Land lord as a general contractor in connection with the work performed by or on behalf of Tenant and shall not be deemed or construed to impose any liability or responsibility upon Landlord for such work or the manner or performance thereof. Said work shall be performed and completed by Tenant in strict accordance with plans and speci fications approved by Landlord and the city, state or federal authorities having jurisdiction over such work. Upon completion of such work, Tenant shall obtain any and all required approvals from such city, state or federal authorities. No approval by Landlord of any plans and specifications submitted by Tenant should be con strued as a representation or warranty of any kind that the Prem ises or the mechanical, electrical or plumbing facilities of said Premises are suitable for Tenant's purposes. Promptly after the completion of all work, Tenant shall obtain from each contractor who worked at the Premises and each vendor who supplied materials and/or equipment thereto, a waiver of lien certifying the amount of and full payment for the charges for the services, equipment or materials supplied. Tenant shall furnish Landlord with copies of such lien waivers, together with Tenant's affidavit containing a list of all such contractors and vendors and Tenant's statement that all payments have been made as required.
6.3 Tenant, at Tenant's sole cost and expense, agrees to provide and maintain during the course of any work performed in the Premises (in addition to the insurance required by Section 11.2 hereof), comprehensive public liability insurance with a company approved by Landlord (which approval shall not be unreasonably withheld or delayed) providing for limits of not less than $1,000,000 per occurrence combined single limit for personal injury including death and for property damage. Such insurance shall name Landlord and its affiliates as additional insureds and shall include blanket contractual liability.
6.4 Tenant agrees to indemnify, defend and hold Landlord and its affiliates harmless from any and all claims, by or through any person, including but not limited to Tenant's and/or contractors' employees, agents or servants, and for any property damage, including Tenant's and/or contractors' property, which results from or is in any way connected with work to be performed for Tenant in/or about the Premises.
6.5 All installations and fixtures of every kind (except Tenant's trade fixtures, moveable office furniture and equipment) 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, at least twenty (20) days prior to end of the Lease, elects to relinquish ownership and have them removed by Tenant, in which event, the installation shall be removed from the Premises by Tenant prior to the expiration of the Lease, at Tenant's expense. Upon removal of any installations as may be required or permitted by Landlord, Tenant shall immediately and at Tenant's expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Premises or the Building without due to such removal. Throughout the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to Lease Term, all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, in the event LANDLORD shall give its written consent to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANT.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in installations or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed fixtures in the Premises at the expense shall remain free and clear of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration all liens and encumbrances, title retention agreements, security agreements, chattel mortgages and/or conditional sale agreements or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein providedpurchase money liens.
Appears in 1 contract
Tenant Alterations. Tenant may from time to time at its own expense make changes, additions and improvements in the Premises, provided that any such change, addition or improvement shall:
(a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofcomply with the requirements of any governmental or quasi-governmental authority having jurisdiction (including, TENANT shall not make or permit anyone to make any Alterationswithout limitation, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"the Americans with Disabilities Act), in or to with the Premises or the Building without requirements of Landlord's insurance carriers, and with Landlord's safety and access requirements, including restrictions on flammable materials and elevator usage;
(b) not be commenced until Landlord has received satisfactory evidence that all required permits have been obtained;
(c) be made only with the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance UnderwriterLandlord (which may be withheld in Landlord's Association of the local area and by the LANDLORD and conform to all requirements of the Federalsole discretion, state and local governments. Prior to the commencement of work on any Alterationsextent it relates in Landlord's opinion to the structure or electrical, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such workHVAC, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical plumbing or sprinkler systems of the Building, but which otherwise shall not be unreasonably withheld). LANDLORD Notwithstanding the foregoing, Landlord's consent shall have the right to stop such work if the LANDLORD not be required for cosmetic alterations, or its designated agent determines that such work is not being done improvements;
(d) be constructed in a good workmanlike manner and conform to complete working drawings prepared by a licensed architect and submitted to and approved by Landlord;
(e) be of a quality that equals or exceeds the then current standard for the Project and comply with all building, fire and safety codes;
(f) be carried out only during hours approved by Landlord by licensed contractors selected by Tenant and approved in accordance writing by Landlord, who shall deliver to Landlord before commencement of the work performance and payment bonds as well as proof of workers' compensation and general liability insurance coverage, including coverage for completed operations and contractual liability, with Landlord and its agents and designees named as additional insureds, in amounts, with companies, and in form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work shall be carried out. Notwithstanding the foregoing, only subcontractors selected or designated by Landlord may be used to make connection with the plans and specifications provided Project's main electrical, plumbing or HVAC systems, except connections to LANDLORD. In such eventcircuit panels, TENANT shall promptly correct pipes or ducts within the problem(sPremises; and
(g) which gave rise to the work stoppageupon completion, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed shown on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish accurate "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.
(b) Prior to commencing construction on any Alterations approved by LANDLORD, TENANT agrees to obtain and deliver to LANDLORD written and unconditional waivers of mechanic's and suppliers' liens upon the Property for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, suppliers, and laborers to become involved in such work. If, notwithstanding the foregoing, any mechanic's or suppliers' lien is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to, TENANT, 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 filing any bond required by law. If TENANT shall fail to discharge any such mechanic's or suppliers' lien, LANDLORD may, at its option, discharge the same and treat the cost thereof and any legal expenses incurred in connection therewith, as additional rent payable with the installment of Monthly Base Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by LANDLORD shall not be deemed to waive or release the default of TENANT in discharging the same. It is understood and agreed that, drawings in the event LANDLORD shall give its written consent form of reverse sepia transparencies or mylars delivered to TENANT'S making any such Alterations, such written consent shall not be deemed to be an agreement or consent by LANDLORD to subject LANDLORD'S interest in the Property to any mechanic's or suppliers' liens which may be filed in respect of any such Alterations made by or on behalf of TENANTLandlord.
(c) TENANT shall indemnify and hold LANDLORD harmless from and against any and all expenses, liens, claims, or damages to any person or property which may or might arise directly or indirectly by reason of making of any such Alterations.
(d) If any Alterations are made without the prior written consent of LANDLORD, LANDLORD retains the right to enter the Premises at any time during the Term of this Lease to correct or remove the same and restore the Premises to their original improved condition, and TENANT shall be liable and hereby agrees to reimburse the LANDLORD for the costs of such removal and restoration together with any and all damages which the LANDLORD may suffer and sustain as a result thereof.
(e) All fixtures, Alterations, installations, changes, replacements, additions, or improvements, including wall-to-wall carpet and wall covering, to, in or upon the Premises (whether installed with or without the prior written consent of LANDLORD) shall, unless the LANDLORD elects otherwise, become the Property of LANDLORD and shall remain upon the Premises and be surrendered with the Premises at the expiration or termination of this Lease or any renewal or extension period without disturbance, molestation or injury. Should the LANDLORD elect that fixtures, Alterations, installations, changes, replacements, additions, or improvements made by the TENANT upon the Premises be removed upon the expiration or termination of this Lease or any renewal period, the TENANT hereby agrees to cause same to be removed at the TENANT'S sole cost and expense, and to restore the Premises to the original improved condition on or before the expiration or termination of this Lease or any renewal period. Should TENANT fail to remove the same or restore the Premises, the LANDLORD may cause same to be removed and/or the Premises to be restored at the TENANT'S expense, and the TENANT hereby agrees to pay to the LANDLORD the costs of such removal and/or restoration together with any and all damages which the LANDLORD may suffer and sustain by reason of the failure of the TENANT to remove the same and/or restore the Premises as herein provided.
(f) If TENANT is not in default in the performance of any of its obligations under this Lease, TENANT shall have the right to remove, prior to the expiration of the Term of this Lease, all movable equipment, furniture or furnishings which are not affixed to the Premises or the Building and which were installed in the Premises at the expense of the TENANT. If such Property of TENANT is not removed by TENANT prior to the expiration or termination of this Lease, the same shall become the Property of LANDLORD and shall be surrendered with the Premises as a part thereof, or, at LANDLORD'S option, LANDLORD may cause the same to be removed and the Premises to be restored to their original improved condition (if necessary), and TENANT hereby agrees to pay to LANDLORD the cost of such removal and restoration together with any and all damages which LANDLORD may suffer and sustain by reason of the failure of TENANT to remove the same and restore the Premises or Building as herein provided.
Appears in 1 contract
Samples: Office Lease (Advancepcs)
