TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. 6.2 Before making any Alteration, Tenant shall submit to Landlord, in writing, for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initials 6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith. 6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 2 contracts
Samples: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by TenantTxxxxx’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. LandlordLxxxxxxx’s right to review and approve (or withhold approval of) TenantTxxxxx’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant Txxxxx is intended solely to protect Landlord, the Property and LandlordLxxxxxxx’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any Alteration, Tenant shall submit to Landlord, in writing, for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant Txxxxx to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by LandlordLxxxxxxx’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. LandlordLxxxxxxx’s initials Tenant’s initials
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by TenantTxxxxx. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 2 contracts
Samples: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant The Parties shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”), as provided in the Construction Rider. Tenant Improvement Rider attached to the Lease as Exhibit B. Except for any Tenant Improvements to be constructed by Landlord or Tenant as provided in the Construction Riderthis Lease, Tenant shall not make any alterations, improvements or similar structural or non-structural changes to the Premises, including installation of any security system or telephone or data communication wiring Premises (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall not be required to obtain Landlord’s prior consent for interior non- structural changes with a total project cost under $10,000. Tenant shall provide Landlord with at least five (5) business days prior notice prior to commencing any Alterations, which are not subject to Landlord’s prior consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new good materials; (ii) in compliance with plans and specifications approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; (iii) in compliance with the any construction rules and regulations which have then been promulgated uniformly and in good faith and communicated by Landlord from time to timeTenant; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable the conditions set forth in the following sentence which Landlord may in Landlord’s good faith discretion imposeimpose at the time of giving the consent. Such The conditions may include permissibly imposed by Landlord shall be limited to requirements for Tenant to: (ia) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors contractors or design professionals, if the cost of work undertaken as a single project exceeds $50,000.00 and if Landlord would require such bonds or insurance if the contractors or professionals were retained by Landlord); (iib) use contractors or subcontractors designated approved by Landlord, which approval shall not be unreasonably withheld or delayed (or withheld without a written explanation of the reason therefor) or delayed; and (iiic) remove all or part of the Alterations prior to (except Tenant Improvements or upon Alterations paid for in whole or in part by Landlord) within thirty (30) days after expiration or termination of the Term, as designated by Landlord, and Landlord shall make or such designation at Alterations will then become the time property of approvalLandlord. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systemssystems, is required in connection with or as a result of Tenant’s workAlterations, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed Tenant but approved by Tenant is intended solely to protect Landlord, the Property and Landlord’s interestswhich approval shall not be unreasonably withheld, conditioned or delayed. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided In addition to any Alteration paid for in whole or in part by Landlord’s consent, and subject to the following sentence, all Alterations which would be fixtures under Arizona law if Tenant owned fee title to the Project shall upon installation become part of the realty Building and be the property of Landlord.
6.2 Before making any Alteration, Tenant shall submit to Landlord, in writing, for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initials
6.3 Tenant shall keep the Premises and the Property free and clear replace any Alterations upon satisfaction of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions applicable requirements of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the PremisesSection 5, provided that if any Alterations so replaced are the Trade Fixtures do not become an integral part property of Landlord the Premises or replacement Alterations shall also be the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal property of such Trade FixturesLandlord.
Appears in 2 contracts
Samples: Office Lease Agreement (JOINT Corp), Office Lease Agreement (JOINT Corp)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord’s prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Ten Thousand Dollars ($10,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten, (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord’s approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, and use one of three (3) contractors (having market rates) which are designated by LandlordLandlord for Alterations affecting the structure of the Building, the Building Systems and the life safety systems of the Building; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated in writing by Landlord, and Landlord shall make such designation at the time of approvalLandlord consents to any Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by LandlordLandlord who charge for such work at rates prevailing in the geographical location of the Project. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations for which Landlord’s consent is required pursuant to the provisions of Section 6.1 above, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any reasonable expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building Buildings to reflect the AlterationsAlterations (not to exceed $1,500.00 per each Alteration for updating as-built plans and specifications). Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. Tenant If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten twenty (1020) days after the attachment thereof, . Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s reasonable administrative costs) in connection therewith shall be payable by Tenant on written demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“"Alterations”"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, upon seven (7) days prior written notice to Landlord, Tenant shall have the right to make installations and changes to the telephone and data communication wiring without Landlord's consent on the conditions that Tenant shall (x) at the expiration or termination of this Lease remove all such telephone and data communication wiring located above and below ceilings, in chases and in risers (to the extent, within seven (7) days after Landlord's receipt of Tenant's notification of such installation, Landlord notifies Tenant that Landlord will require Tenant to remove such telephone and data communications wiring at the expiration or termination of this Lease), (y) obtain Landlord's prior written consent to any boring or cutting through structural or load-bearing portions of the Premises, which consent shall not be unreasonably withheld so long as such boring or cutting does not affect the structural integrity of the Building, and Tenant complies with any requirements of Landlord's independent structural engineer, and (z) at the expiration or termination of this Lease, Tenant shall restore all portions of the Premises being detrimentally affected by any boring or cutting for wires or cables done by, or at the request of, Tenant. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than One Hundred Thousand Dollars ($100,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord, which approval shall not be unreasonably withheld; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion reasonably impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds (but only for Alterations costing more than $100,000.00) or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, provided that contractors and subcontractors for Alterations affecting (x) the Building Systems are bondable, are experienced and have done work in buildings similar to the Buildings, (y) the structure of the Building are selected by Tenant from one of three (3) contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If Landlord approves any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by LandlordAlterations. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. Notwithstanding the foregoing, or anything to the contrary contained in this Lease, upon expiration of this Lease, Tenant shall have the right to remove its Alterations from the Premises on the condition that (x) Tenant repairs all damage to the Premises resulting from such removal, and (y) where Tenant removes any such Alterations, Tenant restores that portion of the Premises affected thereby to the condition existing on the Rent Commencement Date (including capping all utility lines, if any resulting from such removal), ordinary wear and tear excepted, on the condition that the Alterations can be removed from the Premises or the Building without causing any structural damage to the Premises and the Building.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior reasonable approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any third-party, out-of-pocket expenses reasonably incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable and required permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after Tenant's receipt of notice of the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part can be removed from the Premises or the Building without damage to the structure of the Premises or and the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Lease Agreement (3do Co)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Tenant accepts the Premises in "as is" condition. Landlord consents to the alterations identified on Exhibit D and Tenant shall perform their respective obligations with respect to design and construction of any improvements D-1 to be constructed and installed in made by Tenant, at Tenants expense. Notwithstanding the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Riderforegoing alternations, Tenant shall not make any further alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“"Alterations”"), without Landlord’s 's prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
6.5 All contractors and subcontractors performing work at the Premises for the Tenant Improvements or Alterations must be recognized and approved by the Building Trades Council having jurisdiction over downtown Minneapolis, Minnesota and each such contractor or subcontractor must be bound by and a signatory to an applicable bargaining agreement and observe area standards for wages and other terms and conditions of employment, including fringe benefits.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed menstruated by Tenant as provided in the Construction RiderRider or the Space Plan, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Notwithstanding the foregoing, Tenant may install a security system in the Premises, provided that the installation is otherwise done in accordance with the requirements of this Section 6 and this Lease, including obtaining Landlord’s prior written approval of the plans and specifications for such security system. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated reasonably approved by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.Tenant Landlord _____ _______
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. , Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If Tenant if any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - 162 Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - -- Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Ten Thousand Dollars ($10,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated approved by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold which approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any Alteration, Tenant shall submit to Landlord, in writing, for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initials
6.3 Tenant shall keep , and use contractors designated by Landlord for Alterations affecting the Premises structure of the Building, the Building Systems and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part life safety systems of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.; (iii) for all Alterations costing more than One Hundred Thousand and 00/100 Dollars ($ 100,000.00) either (x) use Commercial Interior
Appears in 1 contract
Samples: Lease Agreement (Clarent Corp/Ca)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld, unless such Alterations involve or otherwise affect the Building Systems, in which case Landlord may withhold its consent at its sole discretion. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord, provided that Tenant may use contractors or subcontractors selected by Tenant, so long as such contractors and subcontractors are approved in writing by Landlord prior to the commencement of such Alterations, and such Alterations do not involve or otherwise affect the Building Systems in any manner; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation provided that Landlord, if requested at the time that Tenant requests approval of approvalthe Alterations, shall inform Tenant at the time Landlord approves the Alterations (if such Alterations are approved) whether it will require such removal. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.16.2
Appears in 1 contract
Samples: Lease Agreement (Imall Inc)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective its obligations with respect to design and construction of any the improvements to be constructed and installed in the Premises (the “Landlord Improvements”), as provided in the Construction Rider - Landlord Improvements and Tenant shall perform its obligations with respect to design and construction of the improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction RiderRider - Tenant Improvements. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider - Tenant Improvements, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materialsmaterials (provided that, so long as the same is in like-new condition, Tenant may relocate to the Premises like-new items previously used by Tenant at its prior premises as a part of the Tenant Improvements and in any event, Tenant may reuse functioning existing wiring and cabling relocated from Tenant’s prior location); (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated selected by Tenant and reasonably approved by Landlord; and (iii) subject to the terms and conditions of this Lease, remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Before commencement of any Alterations Tenant shall (i) obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initials
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10ii) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ days prior written notice prior to the commencement of any Alterations and shall cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to with the provisions Alterations. Within thirty (30) days following the completion of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. any Alterations Tenant shall promptly repair any damage deliver to Landlord “as built” plans showing the Premises or completed Alterations. The “as built” plans shall be “hard copy” on paper and in digital form (if done on CAD), and show the Building caused by any installation or removal Alterations in reasonable detail, including (a) the location of such Trade Fixtureswalls, partitions and doors, including fire exits and ADA paths of travel, (b) electrical, plumbing and life safety fixtures, and (c) a reflected ceiling plan showing the location of heating, ventilating and air conditioning registers, lighting and life safety systems.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Landlord for Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“"Alterations”"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed provided that the proposed Alterations comply with the provisions of this Section 6 and this Lease. (Notwithstanding the foregoing, any nonstructural Alterations within the Premises that do not affect any mechanical, electrical, or other Building systems, do not cost more than $10,000 in the aggregate, and do not adversely affect the value of the Premises for general office uses shall not require Landlord's prior approval, provided that Tenant shall give Landlord notice of the commencement of such work (including plans and specifications therefor, as provided below) at least ten (10) days in advance and the work otherwise complies with the provisions of this Section 6 and this Lease.) Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the non- discriminatory construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. If Tenant specifically requests at the time of its submission of proposed plans to Landlord by written notice bearing the legend "Request for Confirmation of Restoration Obligations," Landlord shall identify the elements (if any) of the proposed Alterations that Landlord may require Tenant to remove at the end of the Term, provided that Tenant shall not be required to remove Alterations that are standard for general office use of the Premises and do not increase the costs of demolishing space for another tenant. Landlord shall have the right to require Tenant to remove any internal stairs, cafeteria, raised floors, demising walls for subtenants, vaults, and private bathrooms installed by or for Tenant.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any expenses reasonably incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) business days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“"Alterations”"), without Landlord’s 's prior written consent, which consent may not be unreasonably withheld, conditioned or delayed. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations reasonably promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by reasonably acceptable to Landlord; and (iii) remove all or part of the Alterations (which Alterations required Landlord's consent) prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of granting approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by reasonably acceptable to Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work work, proposed by Tenant is intended solely to protect Landlord, the Property Building and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. If Tenant otherwise complies with this Section 6.1, Landlord's consent is not required for non-structural alterations which do not require a building permit or the cost of which do not exceed $0.50 per rentable square foot of the Premises in each instance.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Landlord shall, within ten (10) days of Tenant's submission either (i) approve Tenant's proposed Alterations or (ii) disapprove Tenant's proposed Alterations, including, in reasonable detail, Landlord's reasons for such disapproval. If Landlord does not respond to Landlord's request for approval of Alterations within ten (10) days after receipt thereof, Landlord's approval will be deemed given. Tenant shall reimburse Landlord upon demand for any expenses incurred by by, Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or of consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property Building free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to is recorded against the Premises or the PropertyBuilding, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten thirty (1030) days after the attachment recording thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant Tenant, as additional rent, on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 15.2 - Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures. Landlord acknowledges that Tenant intends to install a generator for back up power, an access control system, an Uninterrupted Power Supply, additional stand alone or rooftop air conditioning units and rooftop antennae, satellite or microwave antennae. Landlord agrees to make a reasonable effort to accommodate such equipment in the design and construction of the Building, including appropriate roof structural reinforcement and the connection of such equipment to the Premises through Building raceways and shafts. Landlord also acknowledges that Tenant will need the exclusive use of at least 6 - 4" risers from the minimum point of entry into the Building to Tenant's main telecommunications and data rooms and non-exclusive access to the vertical shafts and horizontal raceways of the Building for purpose of installation of electrical and communication wires and cables, pipes, ductwork, and conduit as may reasonably be needed by Tenant to interconnect the floors of the Premises. Any additional cost incurred by Landlord to accommodate Tenant's request shall be a cost of Tenant Improvements as defined in the Construction Rider attached as Exhibit B, and will be handled in accordance with the change order and payment procedure therein.
6.5 Until such time as the Building, excluding other tenant improvements, is complete, all contractors and subcontractors performing work at the Premises for the Tenant Improvements and for all Alterations must be recognized and approved by the Building Trades Council having jurisdiction over downtown Minneapolis, Minnesota and each such contractor or subcontractor must be bound by and a signatory to an applicable bargaining agreement and observe area standards for wages and other terms and conditions of employment, including fringe benefits.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Ten Thousand Dollars ($10,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, and use contractors designated by LandlordLandlord for Alterations affecting the structure of the Building, the Building Systems and the life safety systems of the Building; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated in writing by Landlord, and Landlord shall make such designation at the time of approvalTenant requests Landlord's consent to the Alteration. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s ' s work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any reasonable expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten twenty (1020) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's reasonable administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - 16.2- Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”"TRADE FIXTURES") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Sublease (Clarent Corp/Ca)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consentconsent (not to be unreasonably withheld, conditioned or delayed). Landlord hereby consents to the Alterations which constitute the Tenant Improvements to be constructed by Tenant as provided in the Construction Rider. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new good quality materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the any reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s its reasonable discretion impose. Such For Alterations that involve an aggregate cost of $100,000.00, such conditions may include requirements for the requirement that Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated . Unless otherwise directed by Landlord; and , all Alterations, including the Tenant Improvements other than the FF&E (iii) remove all or part which shall remain the property of the Alterations Landlord), shall be removed prior to or upon expiration or earlier termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final construction plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors for major trades proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any reasonable expenses actually incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s reasonable administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - 16.2—Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - 5—Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures. Notwithstanding the foregoing provisions of this Section 6, Tenant may construct Alterations in the Premises without Landlord’s prior approval (but only after giving Landlord prior, written notice and a copy of the related plans), if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000), and the Alterations are non-structural and will not affect the Building Systems or the exterior appearance of the Building. Tenant’s Trade Fixtures shall at all times be and remain Tenant’s property. Except for Alterations which cannot be removed without structural injury to the Premises, Tenant may at any time remove Alterations and Tenant’s Trade Fixtures from the Premises (such removal representing an Alteration and being subject to the applicable provisions of this Lease), provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Trade Fixtures or other personal property.
Appears in 1 contract
Samples: Lease Agreement (Infinera Corp)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent, which consent Landlord shall not unreasonably withhold. Notwithstanding the foregoing, Landlord may, in its sole discretion, withhold consent to any alteration, addition or improvement that may affect the structure of the Building or may adversely or materially affect, or otherwise require modification to, any Building System. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by TenantTxxxxx’s work); and (v) subject to all reasonable industry standards and conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (ia) provide payment or and performance bonds (for any Alterations (but expressly excluding the Tenant Improvements for which Landlord shall not require a performance bond) which will cost more than Five Hundred Thousand Dollars and No Cents ($500,000.00)) or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); provided, however, that Landlord shall only be entitled to require Tenant to provide to Landlord payment and performance bonds or additional insurance in connection with any Alterations in the event that following Landlord's evaluation of Tenant's then-current financial condition and performance history, Landlord determines in its good faith, prudent business judgment that the same is reasonably and prudently required; (iib) use contractors or subcontractors designated reasonably approved by Landlord; and (iiic) subject to the remainder of this Section 6.1 below, remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s workthe Tenant Improvements or any Alterations, such work shall be performed at Tenant’s expense by contractors reasonably designated by Landlord. LandlordLxxxxxxx’s right to review and approve (or withhold approval of) TenantTxxxxx’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant Txxxxx is intended solely to protect Landlord, the Property Project and LandlordLxxxxxxx’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. Landlord’s consent to any Alterations shall not be required (but Tenant shall provide no less than ten (10) Business Days prior written notice with reasonable detail of such Alterations) with respect to Alterations that (A) do not affect the structure and/or any of the Building Systems, (B) are not visible from the exterior of the Premises, (C) do not affect the water tight character of the Building or its roof, (D) do not require a building permit, (E) do not move any interior walls or otherwise change the layout of the Premises, and (F) cost in the aggregate less than Five Hundred Thousand Dollars ($200,000.00) during any calendar year which are merely cosmetic changes to the Premises (“Cosmetic Changes”), such as painting, wall or floor coverings. Notwithstanding anything to the contrary contained herein, so long as Txxxxx’s written request for consent for a proposed Alteration contains the following statement in large, bold and capped font “PURSUANT TO SECTION 6.1 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any Alterations, if it so does, Tenant shall also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Section 19.1 hereof, Tenant shall be required to remove all Alterations made to the Premises except for any such Alterations which Landlord expressly indicates shall not be required to be removed from the Premises by Tenant. If Txxxxx’s written notice strictly complies with the foregoing and if Landlord fails to notify Tenant within ten (10) Business Days of Landlord’s receipt of such notice, it shall be assumed that Landlord shall require the removal of the subject Alteration at the expiration or earlier termination of this Lease.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any reasonable and actual out of pocket expenses incurred by Landlord in connection with any Alterations made by TenantTxxxxx, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Before commencement of any Alterations Tenant shall (i) obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord, and (ii) give Landlord before commencement at least ten (10) days prior written notice and shall cooperate with Landlord in posting and maintaining notices of non-responsibility in connection with the Alterations. Within forty-five (45) days following the completion of any Alterations Notwithstanding anything above Tenant shall deliver to Landlord “as built” plans showing the contrarycompleted Alterations. The “as built” plans shall be “hard copy” on paper and in digital form (if done on CAD), and show the Alterations in reasonable detail, including (a) the location of walls, partitions and doors, including fire exits and ADA paths of travel, (b) electrical, plumbing and life safety fixtures, and (c) a reflected ceiling plan showing the location of heating, ventilating and air conditioning registers, lighting and life safety systems.
6.3 In connection with all Alterations (other than the Tenant may from time Improvements), Landlord shall be entitled to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention a construction coordination fee equal to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions two percent (2%) of the interior first four hundred thousand dollars ($400,000) of the Premises construction costs and one percent (except those 1%) of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsany additional construction costs.
6.3 6.4 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by TenantTxxxxx. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 6.5 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.-
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective its obligations with respect to design and construction of any improvements Tenant Improvements (defined in Exhibit B) to be constructed and installed in the Premises (the “Tenant Improvements”)Premises, as provided in the Construction Rider. Except for any Tenant Improvements work to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, except for Alterations to structural portions, footing, or foundations, or utility systems serving other tenants of the Building, where Landlord may withhold its consent in its sole discretion. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work; provided, however, Tenant shall not be responsible for any outstanding code compliance violations that are the responsibility of Landlord that may be triggered by Alterations made by Tenant to the Premises); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements impose for Tenant to: (i) provide evidence of financial ability to pay costs of construction (e.g. loan commitment or bank statement), letter of credit, or payment or performance bonds to the extent the estimated cost of the Alterations equals or additional exceeds $100,000; (ii) provide evidence of insurance (from Tenant or and Tenant’s contractors, subcontractors or design professionals); (iiiii) use only contractors or and subcontractors designated who qualify as an Approved Contractor (defined in Section 6.6 herein) if required by Landlordthe terms of Section 6.6; and (iiiiv) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord provided written notice of requirement to remove such Alterations shall make such designation be given at the time Landlord consents to such Alterations, except Cosmetic Alterations and the Tenant Improvements shall not be required to be removed by Tenant at the end of approvalthe Term. Tenant shall have the right, without Landlord’s consent, to make non-structural alterations to the Premises that do not alter the Building Systems, such as painting, wall, floor or window coverings, or installation or rearrangement of cabinets or other modular office dividers that do not affect the Building structure (“Cosmetic Alterations”). Tenant shall give Landlord not less than ten (10) days prior written notice of any such Cosmetic Alterations and shall otherwise comply with the terms and provisions of this Lease. If any adjustment to any of the Building Systems is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors approved by Landlord. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. Notwithstanding anything in this Lease to the contrary, Tenant will be obligated to remove Tenant’s identification signage, cabling, and Tenant’s Trade Fixtures and personal property on or before the expiration or earlier termination of the Term of this Lease, and repair and restore any damage to the Premises, Building or Property arising because of installation or removal of the foregoing items.
6.2 Before making any AlterationAlterations, except Cosmetic Alterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to for construction oversight or review of the plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations, provided, however, the aggregate of such costs shall not exceed two percent (2%) of the cost of design and construction of the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten thirty (1030) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be releasedreleased by payment of the lien or otherwise, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations except in an emergency and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
6.5 All signs, notices and graphics of every kind or character, reasonably visible in or from public view or the Common Areas or the exterior of the Premises, shall relate to the identity of the Tenant or its Permitted Use in the Premises, and shall be subject to Landlord’s prior written approval, which Landlord shall have the right to withhold in its reasonable discretion. Tenant shall not place or maintain any banners whatsoever or any window décor in or on any exterior window or widow fronting upon any Common Areas or service area or upon any truck doors or service doors without Landlord’s prior written approval which Landlord shall have the right to grant or withhold in its reasonable discretion. Any installation of signs or graphics on or about the Premises and Project shall be subject to any applicable governmental laws, ordinances, regulations and to any other reasonable requirements imposed by Landlord with respect to signage reasonably visible outside the Premises. There is no monument signage available for Tenant. Tenant shall remove all such signs and graphics at the termination of this Lease. Such installations and removals shall be made in such manner as to avoid injury to or defacement of the Premises, Building or Project and any other improvements contained therein, and Tenant shall repair any injury or defacement including, without limitation, discoloration caused by such installation or removal, provided Tenant shall be permitted to professionally patch damaged areas (e.g. holes) and paint such discoloration to match the building exterior as reasonably possible without being required to restore more than the discolored area.
6.6 Prior to commencing any Work (defined in this Section 6.6), Tenant shall furnish to Landlord the name and address of all Contractors (defined in this Section 6.6) who will be, or are reasonably expected to be, performing any of the Work. All such Contractors shall be licensed by the City of Minneapolis, Minnesota and approved by Landlord, which approval shall not be unreasonably withheld, and the business manager of the applicable local AFL-CIO Building and Construction Trades Council (the “BCTC”) (when approved by Landlord and the BCTC, such Contractor shall be an “Approved Contractor”). Prior to commencing the Work, Tenant shall also furnish to Landlord for approval, not to be unreasonably withheld, a copy of the construction contract(s), including all amendments, change orders and modifications thereof, for the construction and installation of the Work (“Construction Contract”). Tenant agrees to comply with the following Quality Contractor Policy and shall cause the Construction Contract to contain provisions requiring the Contractor (and all of its subcontractors) to comply with the following Quality Contractor Policy when performing its work and when selecting any subcontractors to perform the work: All contractors and subcontractors at any tier performing any construction, repair, refurbishment or restoration (collectively, “Work”), including, without limitation, tenant improvements, build-out, alterations, additions, improvements, renovations, repairs, remodeling, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, or with respect to any other construction work in, on, or to the Premises or the Project (including any such work performed by any person who contracts to provide services to any portion of the Premises or Project, such as cable, DSL, communications, telecommunications or similar services, but excluding work performed on behalf of and paid for by Tenant for installation of furniture, movable trade fixtures, and equipment of Tenant), (collectively, “Contractors”) shall: (i) be bound by and signatory to a collective bargaining agreement with a labor organization (a) whose jurisdiction covers the type of work to be performed on the Project, and (b) who is an “Approved Building Trades Department Contractor or Subcontractor;” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. For purposes hereof, an “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD-affiliated contractor or subcontractor is available for a particular trade (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union which was formerly affiliated with the BCTD and which recognizes (and will recognize and respect, for its work on the Project), the jurisdictional limitations established by the local BCTD. Upon the request of Landlord, each such contractor and subcontractor shall provide written certification that all work performed by such contractor or subcontractor was performed in compliance with this policy. Contractors may not engage any subcontractor that does not satisfy the provisions of clauses (i) and (ii) above. If at any time Contractor or subcontractor does not satisfy clauses (i) and (ii) above, such Contractor and subcontractor shall not be an Approved Contractor.
Appears in 1 contract
Samples: Lease Agreement (Mocon Inc)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“"Alterations”)") costing in each instance more than $50,000, without Landlord’s 's prior written consent, which will not be unreasonably withheld. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated reasonably approved by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation if Landlord at the time such Alterations were approved by Landlord (or if approval was not required, then at the time Tenant delivered to Landlord written description of approvalsuch Alterations), Landlord notified Tenant that the Alterations must be removed upon expiration or termination of the Term. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations for which Landlord's approval is required, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Before making any Alternations for which Landlord's approval is not required, Tenant shall reimburse submit to Landlord upon demand for any expenses incurred by Landlord in connection with any before construction or installation a description of the Alterations made by Tenantto be carried out, including reasonable fees charged by Landlord’s contractors or consultants to review and if available, copies of the final plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterationsspecifications. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten thirty (1030) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
6.5 Keep the Premises and the Building free from any mechanics', materialmens', contractors' or other liens arising from, or any claims for damages growing out of, any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall indemnify and hold harmless Landlord from and against any such lien, or claim or action thereon, and reimburse Landlord promptly upon demand therefor by Landlord for costs of suit and reasonable attorneys' fees incurred by Landlord in connection with any such lien, claim or action.
6.6 Tenant will not be required to remove any Tenant Alterations at the end of the Term or upon Tenant's vacation of the Premises unless Landlord advises Tenant prior to Tenant's Construction of the Alterations that Tenant shall be required to remove such Alterations and repair all damage to the Premises resulting from removal.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed menstruated by Tenant as provided in the Construction RiderRider or the Space Plan, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Notwithstanding the foregoing, Tenant may install a security system in the Premises, provided that the installation is otherwise done in accordance with the requirements of this Section 6 and this Lease, including obtaining Landlord’s prior written approval of the plans and specifications for such security system. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated reasonably approved by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. , Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If Tenant if any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - 162 Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - -- Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided however that Landlord’s consent to any Alterations which affect the Base Building may be withheld or conditioned in Landlord’s sole and absolute discretion. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time, including the requirement that Tenant’s work be performed in a manner that does not unreasonably interfere with existing Tenants; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose, except that Landlord may condition its approval of any Alterations that affect the Base Building in its sole and absolute discretion. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Before commencement of any Alterations Tenant shall (i) obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord, and (ii) give Landlord before commencement at least ten (10) days prior notice and shall cooperate with Landlord in posting and maintaining notices of non-responsibility in connection with the Alterations. Within thirty (30) days following the completion of any Alterations Notwithstanding anything above Tenant shall deliver to Landlord “as built” plans showing the contrarycompleted Alterations. The “as built” plans shall be “hard copy” on paper and in digital form (if done on CAD), Tenant may from time and show the Alterations in reasonable detail, including (a) the location of walls, partitions and doors, including fire exits and ADA paths of travel, (b) electrical, plumbing and life safety fixtures, and (c) a reflected ceiling plan showing the location of heating, ventilating and air conditioning registers, lighting and life safety systems.
6.3 In connection with all Alterations, Landlord shall be entitled to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention a construction coordination fee equal to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions three percent (3%) of the interior first one hundred thousand dollars ($100,000) of construction costs, two percent (2%) of the Premises next four hundred thousand dollars (except those $400,000) of construction costs, one percent (1%) of the next five hundred thousand dollars ($500,000) of construction costs, and one-half percent (½%) of any additional construction costs. Under the provisions of Paragraph 1.3.1 of the Exhibit B, the Construction Rider, Landlord shall be entitled to a structural nature) as it may find necessary or convenient construction coordination fee equal to $7,500, but not any greater construction coordination fee, for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsthe initial Tenant Improvements.
6.3 6.4 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Lease Agreement (Hemacare Corp /Ca/)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant The Parties shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Tenant Improvement Rider. Except for any Tenant Improvements to be constructed by Landlord or Tenant as provided in this Lease or the Construction Tenant Improvement Rider, Tenant shall not make any alterations, improvements or similar structural or non-structural changes to the Premises, including installation of any security system or telephone or data communication wiring Premises (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall not be required to obtain Landlord’s prior consent for interior nonstructural changes with a total project cost under $30,000. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a lien free, good and workmanlike manner, using new good materials; (ii) in compliance with plans and specifications approved by Landlord, if applicable, which approval shall not be unreasonably withheld, conditioned or delayed; (iii) in compliance with the any construction rules and regulations which have then been promulgated uniformly and in good faith and communicated by Landlord from time to timeTenant; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable the conditions set forth in the following sentence which Landlord may in Landlord’s reasonable discretion imposeimpose at the time of giving the consent. Such The conditions may include permissibly imposed by Landlord shall be limited to requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors contractors or design professionals, if the cost of work undertaken as a single project exceeds $75,000.00 and if Landlord would require such bonds or insurance if the contractors or professionals were retained by Landlord); (ii) use contractors or subcontractors designated approved by Landlord, which approval shall not be unreasonably withheld or delayed (or withheld without a written explanation of the reason therefor); and (iii) remove all or part of the Alterations prior to (except Tenant Improvements or upon Alterations paid for in whole or in part by Landlord) within thirty (30) days after expiration or termination of the Term, as specifically designated by Landlord, and Landlord shall make such designation at the time the Alterations are approved, or such Alterations will then become the property of approvalLandlord and remain in the Premises. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systemssystems, is required in connection with or as a result of Tenant’s workAlterations, such work shall be performed at Tenant’s expense by contractors designated by Tenant but approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) contractors and other aspects of construction work for any Alterations proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interestsinterests in the Project, and Landlord shall not withhold, condition or delay any such approval or any consent for any other reason. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided In addition to any Alteration paid for in whole or in part by Landlord’s consent, and subject to the following sentence, all Alterations which would be fixtures under Arizona law if Tenant owned fee title to the Project shall upon installation become part of the realty Building and be the property of Landlord.
6.2 Before making any Alteration, Tenant shall submit to Landlord, in writing, for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initials
6.3 Tenant shall keep the Premises and the Property free and clear replace any Alterations upon satisfaction of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions applicable requirements of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the PremisesSection 5, provided that if any Alterations so replaced are the Trade Fixtures do not become an integral part property of Landlord the Premises or replacement Alterations shall also be the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal property of such Trade FixturesLandlord.
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TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider and except as otherwise provided below, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“"Alterations”"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materialsmaterials and utilizing contractors approved by Landlord in its reasonable discretion; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; and (iv) in accordance with the Declaration and all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with the Declaration and all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to ensure compliance with the Declaration and Laws and to reasonably protect Landlord, 's interest from any material diminution in value or material damage to the Property structure or the HVAC and Landlord’s interestsBuilding Systems of the Building. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with the Declaration or applicable Laws or other requirements. Notwithstanding the foregoing provisions to the contrary, Tenant shall have the right, without Landlord's consent, to make non-structural Alterations such as painting, wall or window coverings, floor coverings, or installation or rearrangement of cubicles or other modular office dividers that do not violate the Declaration or otherwise disturb the parking lot or soil on the Premises and that do not affect the Building structure, HVAC or Building Systems ("Minor Alterations"), provided that Tenant gives Landlord not less than ten (10) days prior written notice of any such Minor Alterations and shall otherwise comply with the terms and provisions of this Lease. Except as otherwise provided in Landlord’s consent's consent (if applicable), and except as otherwise provided in Section 6.4 below, all Alterations shall upon installation become part of the realty and be the property of Landlord.. Tenant shall have no obligation to remove any Minor Alterations or any other Alterations except to the extent that the same materially diminish the value of the Building in Landlord's reasonable determination or materially affect the Building's structure, HVAC or Building Systems, and then only to the extent that Landlord, at the time of giving its consent to any such Alteration, notified Tenant of the requirement that such Alteration be removed at the end of the Term. Whether or not Landlord's consent is required for any improvements, upon receipt of written notice of Tenant's intention to make any Alterations, Landlord may impose conditions upon Tenant's right to perform such work as Landlord may deem reasonably necessary to protect its interest in the Premises, including without limitation, requiring (a) insurance naming Landlord as additional insured, (b) Tenant to carry builder's risk insurance with limits of coverage adequate to cover the cost of construction and naming Landlord as additional insured (which insurance shall be maintained during periods of construction and shall be primary in the event of a casualty occurring on or about the Premises), (c) adequate financial security or assurances to ensure the contractor and all subcontractors will be paid for their work, (d) the right to have a representative of Landlord be present during the making of any Alterations or Minor Alterations, and (e) the right to inspect any Alterations or Minor Alterations during the course of construction. Notwithstanding anything herein to the contrary, during any period where Landlord is performing initial construction of the Premises, including without limitation, constructing or installing the Tenant Improvements (i.e. until Landlord is completely finished with its initial construction work of the Premises and any Tenant Improvements), Tenant must use union contractors recognized and approved by the Building Trades Council having jurisdiction over Minneapolis, Minnesota to construct or install any tenant improvements, Alterations, Minor Alterations or tenant trade fixtures, equipment, etc...
6.2 Before making any AlterationAlterations (other than Minor Alterations), Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and and, if required, a copy of the contractor’s 's license. Tenant shall not be required to reimburse Landlord upon demand for any expenses costs incurred by Landlord in connection with any Alterations made by Tenant, including Tenant except that Tenant shall reimburse Landlord within thirty (30) days after written request for payment for any reasonable fees charged out of pocket costs incurred by Landlord’s contractors Landlord in connection with having a mechanical engineer or consultants to structural engineer reasonably review plans and specifications prepared or inspect completed work for Alterations made or desired to be made by Tenant and to update the existing as-built plans and specifications of the Building to reflect the AlterationsTenant. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above Alterations. Tenant shall also deliver to the contrary, Tenant may from time to time during the Lease Term, at its own expense Landlord copies of inspection approvals and after giving Landlord written notice any certificate of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions occupancy issued upon completion of the interior Alterations (other than Minor Alterations), together with a sworn construction statement from the general contractor substantiating the total cost of the Premises project (except those including the value of a structural naturelabor of materials) as it may find necessary and identifying all subcontractors, and together with copies of full and final lien waivers or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialspaid invoices from the general contractor and all subcontractors.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyPremises, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten thirty (1030) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be releasedreleased by payment of the lien or otherwise, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations (except in case of emergency when notice shall be given as soon as reasonably possible) and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”“), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system Premises or telephone or data communication wiring the Building (“Alterations”“), without Landlord’s prior written consent. Notwithstanding the foregoing, Tenant shall have the right, without the consent of, but with prior written notice to, Landlord, to make Alterations to the Premises which (a) are not structural in nature, (b) are not visible from the exterior of the Building, (c) do not require modification or materially or adversely affect of the Building Systems, and (d) do not affect the water tight character of the Building or its roof (“Permitted Alterations“). In addition, Tenant shall be permitted to paint the interior exposed painted walls of the Premises, install telephone or data communication wiring for a normal general office use, and install floor covering in the Premises without Landlord’s prior written consent, but otherwise in accordance with the terms and conditions of this Section 6. Landlord may, in its reasonable discretion, withhold consent to any alteration, addition or improvement that may affect the structure of the Building or may adversely or materially affect, or otherwise require modification to, any Building System. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by LandlordLandlord to the extent required hereunder; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable and industry standard conditions which Landlord may in Landlord’s discretion imposeimpose which are in accordance with such conditions that a landlord of a building of similar size and quality in the Milpitas, California area may reasonably impose for the type of Alterations being performed as the same is reasonably determined by Landlord. Such conditions may include requirements for Tenant to: (i1) with respect to Alterations costing more than two (2) months’ Base Rent, provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals)reasonable evidence acceptable to Landlord of source of funds for the same; (ii2) use contractors or subcontractors designated reasonably approved by LandlordLandlord for work on Building Systems and/or any work that may involve or impact any structural element of the Building; and (iii3) remove all or part of the Alterations (other than Standard Office Improvements (as defined below)) prior to or upon expiration or termination of the Term. Notwithstanding anything to the contrary contained herein, so long as designated by LandlordTenant’s written request for consent for a proposed Alteration contains substantially the following statement in large, bold and Landlord shall make such designation capped font “PURSUANT TO SECTION 6 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any Alterations, if it so does, Tenant shall also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of approvalthis Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Paragraph 19.1 hereof, Tenant shall be required to remove all Alterations (other than Standard Office Improvements) made to the Premises except for any such Alterations which Landlord expressly indicates or is deemed to have indicated shall not be required to be removed from the Premises by Tenant. If Tenant’s written notice strictly complies with the foregoing and if Landlord fails to notify Tenant within twenty (20) days of Landlord’s receipt of such notice whether Tenant shall be required to remove the subject alterations or improvements at the expiration or earlier termination of this Lease, with respect to non-structural and non-Building systems related Alterations, it shall be assumed that Landlord shall not require the removal of the subject Alterations at the expiration or earlier termination of this Lease. Notwithstanding the foregoing, or anything to the contrary contained elsewhere in this Lease, other than cabling and wiring, Tenant shall have no obligation to remove any standard office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting (such improvements collectively referred to as “Standard Office Improvements”). In addition, Landlord hereby acknowledges agrees that Tenant shall not be required to remove at the expiration or earlier termination of this Lease any improvements located in the Premises as of the date of this Lease (e.g., the fitness center, the kitchen, labs). If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s workthe Tenant Improvements or any Alterations, such work shall be performed at Tenant’s expense by contractors designated reasonably approved by Landlord. The foregoing sentence shall not limit or modify Landlord’s express obligations set forth in Section 2.4 of Exhibit C. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations which require Landlord’s consent, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the sections of the construction contract, including contract containing insurance and indemnity provisions and the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s licenseAlterations. Tenant shall reimburse Landlord upon demand for any reasonable third party expenses actually incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Before commencement of any Alterations Tenant shall (i) obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord, and (ii) give Landlord before commencement at least ten (10) days prior written notice and shall cooperate with Landlord in posting and maintaining notices of non-responsibility in connection with the Alterations. Within forty-five (45) days following the completion of any Alterations Notwithstanding anything above Tenant shall deliver to Landlord “as built” plans showing the completed Alterations (provided, however, for work that does not reasonably require such “as built” plans, Tenant shall provide to Landlord marked-up plans clearly showing all changes made to the contraryPremises). The “as built” plans shall be “hard copy” on paper and in digital form (if done on CAD), and show the Alterations in reasonable detail, including (a) the location of walls, partitions and doors, including fire exits and ADA paths of travel, (b) electrical, plumbing and life safety fixtures, and (c) a reflected ceiling plan showing the location of heating, ventilating and air conditioning registers, lighting and life safety systems, as applicable.
6.3 In connection with all Alterations (other than Permitted Alterations and the Tenant may from time Improvements), Landlord shall be entitled to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention a construction coordination fee equal to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions two percent (2%) of the interior first four hundred thousand dollars ($400,000) of construction costs, and one percent (1%) of any additional construction costs. Tenant agrees to provide Landlord with reasonable documentary evidence of the Premises (except those cost of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsall such Alterations.
6.3 6.4 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) business days after the attachment Tenant’s notice thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 6.5 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.-
Appears in 1 contract
Samples: Lease Agreement (FireEye, Inc.)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 a. Tenant hereby acknowledges that Landlord and has met all of its obligations, if any, to construct tenant improvements for the Premises pursuant to the Lease. Landlord shall have no obligation to construct any tenant improvements to the Premises on behalf of Tenant during the Extended Term.
b. Tenant shall perform their respective obligations refurbish the Premises (hereinafter referred to as "Refurbishments") in accordance with respect to design and construction of any improvements the plans to be constructed prepared by Tenant and installed reasonably approved in final form by Landlord. The Refurbishments shall include, without limitation, repainting the Premises and installing new carpet throughout the Premises. In connection thereto, Landlord hereby grants to Tenant a "Refurbishment Allowance" of up to Ten and No/100 Dollars ($10.00) per square foot of space in the Premises (the “Tenant Improvements”i.e., 14,194 square feet multiplied by $10.00 = $141,940.00), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Any such Alterations which Refurbishment Allowance shall be completed by Tenant at Tenant’s sole used only in connection with the cost of the Refurbishments. The Refurbishments shall be made and expense: (i) with due diligence, done in a good and workmanlike mannermanner and with new materials satisfactory to Landlord by a contractor reasonably approved by Landlord in compliance with all of the terms and conditions of the Lease, using new and such Refurbishments shall be the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term of the Lease; provided, however, at the expiration of the Term, Landlord may require the removal of any Refurbishment installed by Tenant and the restoration of the Premises and the Project to their prior condition, at Tenant's expense.
c. The Refurbishment Allowance shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted by Tenant to Landlord and certified by Tenant's architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested by Landlord, which substantiate costs incurred to justify such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, the disbursement shall be subject to inspection and approval of completed work by Landlord's construction engineer. In the event that the cost of the Refurbishments shall exceed Ten and No/100 Dollars ($10.00) per square foot of space in the Premises (i.e., 14,194 square feet multiplied by $10.00 = $141,940.00), then the cost of the Refurbishments shall include a construction supervisory fee equal to one percent (1%) of the hard cost of the Refurbishments payable to Landlord for the supervision of the construction of the Refurbishments; otherwise, no construction supervisory fee shall be payable in connection with the Refurbishments. In the event the cost of the Refurbishments exceeds the Refurbishment Allowance, Tenant shall pay from another source of funds the amount by which the cost of the Refurbishments exceeds the Refurbishment Allowance prior to any disbursement of the Refurbishment Allowance by Landlord. In the event the actual cost of the Refurbishments is less than the Refurbishment Allowance, then the unused portion of the Refurbishment Allowance shall not be paid or refunded to Tenant, but shall be available to Tenant as a credit against the next (following completion of the Refurbishments, if any) installments of Base Rent payable hereunder. The Refurbishment Allowance must be expended by Tenant on or before December 31, 2007. If the Refurbishment Allowance is not expended on or before December 31, 2007, the Refurbishment Allowance shall no longer be available to Tenant and Landlord shall have no further obligation to provide such Refurbishment Allowance to Tenant, provided, however, that at any time prior to December 31, 2007, and after Tenant has (i) completed the painting and carpet installation described in Section 9(b), above, and (ii) expended from the Refurbishment Allowance a minimum of Four and No/100 Dollars ($4.00) per square foot of space in compliance with plans the Premises (i.e., 14,194 square feet multiplied by $4.00 = $42,582.00) on the Refurbishments (which expenditure may include the foregoing paint and specifications approved by Landlord; (iii) carpet installation), Tenant may elect to apply any remaining unused portion of the Refurbishment Allowance as a credit against installments of Base Rent next payable hereunder.
d. Notwithstanding anything to the contrary set forth in compliance with Section 2.03 of the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all workLease, whether structural or non-structural, inside or outside the Premises, Tenant shall not be required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of any Alterations at the Alterations prior to or upon expiration or sooner termination of the Term; provided, as designated by Landlordhowever, that Tenant may remove the Alterations to the extent that the same can be removed without causing material damage, and Landlord provided further that Tenant shall make such designation at the time of approval. If any work outside restore the Premises or to their prior condition at Tenant’s sole expense.
e. To the extent that the Landlord receives any work on or adjustment to any notice from a governmental entity that the third floor common area of the Building Systems, is required in connection violation of any requirement of the Americans with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve Disabilities Act (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s"ADA") and other aspects the Landlord is obligated pursuant to a final determination to undertake action in order to comply with ADA, then in such event Landlord agrees to undertake such remedial action. If such requirement was in effect as of construction work proposed by Tenant is intended solely to protect Landlordthe date hereof and such violation existed as of the date hereof, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord responsible for the cost of curing such violation. If such requirement was not in effect as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and date hereof or such violation did not exist as of the date hereof, then the cost of curing such violation shall be included in Operating Expenses. To the property extent that such notice requires action with regard to Tenant's particular use of Landlord.
6.2 Before making any Alterationthe Premises, Tenant shall submit be obligated to Landlord, in writing, for Landlord’s prior approval reasonably detailed final plans undertake such action at Tenant's sole cost and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s licenseexpense. Tenant shall reimburse Landlord upon demand be solely responsible, at Tenant's sole cost and expense, for any expenses incurred by Landlord in connection complying with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications all requirements of the Building ADA which relate to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient Premises.
f. If Landlord fails to respond in writing to Tenant's proper written request for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initials
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out 's approval of any work performedproposed Refurbishments, materials furnished or obligations incurred by Tenant. If of any such lien attaches to the Premises or the Propertycontractor (in either case, and Tenant does not cause the same to be released by payment, bonding or otherwise a "First Request") within ten (10) days after following Landlord's receipt of the attachment thereofFirst Request, then Tenant shall send to Landlord a second written request for Landlord's approval (the "Second Request") which such Second Request shall have contain a statement in bold letters of a large font at the right but not top such document stating that "Landlord's failure to respond to this document within five (5) business days will constitute Landlord's deemed approval of the obligation Alterations [or contractor] requested herein." If Landlord fails to cause respond to the same Second Notice within five (5) business days following Landlord's receipt of the Second Notice, then such failure shall be deemed to be releasedconstitute Landlord's approval of the Alteration. The First Request and the Second Request shall include, and any sums expended by Landlord (plus Landlord’s administrative costs) 's response period contained in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Sectionsentences shall not commence, unless and until Landlord has received from Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part all of the Premises or information reasonably necessary for the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal evaluation of such Trade FixturesTenant’s written requests.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Fifty Thousand Dollars ($50,000) per floor with respect to any given floor which Tenant is then leasing in a Building, so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). In addition, Tenant shall have the right to add or change carpets and paint in the Premises without Landlord's consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's reasonable prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any expenses reasonably incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the applicable Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - InterestINTEREST). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws USE AND COMPLIANCE WITH LAWS and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”"TRADE FIXTURES") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Applicable Building. Tenant shall promptly repair any damage to the Premises or the Building Project caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Lease Agreement (Inktomi Corp)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”). Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent. Any such Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord’s prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, (c) do not affect the water tight character of the Building or its roof, (d) do not require a building permit, (e) do not move any interior walls or otherwise change the layout of the Premises, and (f) cost less than Twenty-Five Thousand Dollars ($25,000), (collectively, “Minor Changes”) so long as Tenant gives Landlord notice of the proposed Minor Change at least ten (10) days prior to commencing the Minor Change and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord’s approval of any plans or specifications therefor). All Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated approved by Landlord, which approval shall not be unreasonably withheld, except that Landlord shall have the right to designate contractors and subcontractors for Alterations affecting either the structure of the Building, or the Building Systems; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord. At the time Landlord consents to any Alterations, and Landlord shall make such designation indicate which of Tenant’s Alterations Tenant must remove at Tenant’s sole cost and expense at the time end of approvalthe Term. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Building and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations which require Landlord’s consent, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any out-of-pocket expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Before commencement of any Alterations Tenant shall (i) obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord, and (ii) give Landlord before commencement at least ten (10) days prior written notice and shall cooperate with Landlord in posting and maintaining notices of non-responsibility in connection with the Alterations. Within thirty (30) days following the completion of any Alterations Notwithstanding anything above Tenant shall deliver to Landlord “as built” plans showing the contrarycompleted Alterations. The “as built” plans shall be “hard copy” on paper and in digital form (if done on CAD), Tenant may from time and show the Alterations in reasonable detail, including (a) the location of walls, partitions and doors, including fire exits and ADA paths of travel, (b) electrical, plumbing and life safety fixtures, and (c) a reflected ceiling plan showing the location of heating, ventilating and air conditioning registers, lighting and life safety systems.
6.3 In connection with all Alterations requiring Landlord’s approval, or cost more than Twenty-Five Thousand Dollars ($25,000), Landlord shall be entitled to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention a construction coordination fee equal to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions four percent (4%) of the interior first one hundred thousand dollars ($100,000) of construction costs, three percent (3%) of the Premises next four hundred thousand dollars (except those $400,000) of a structural natureconstruction costs, and two percent (2%) as it may find necessary or convenient for its purposes with Landlord’s prior written approvalof any additional construction costs. The construction coordination fee shall be limited to one thousand dollars ($1,000.00) per week, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialscommencing when Tenant first contacts Landlord concerning any specific Alterations, and continuing until the specific Alterations are completed.
6.3 6.4 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - — Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 6.5 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.—
Appears in 1 contract
Samples: Lease Agreement (ArcSight Inc)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider and except for work which is entirely within the Premises, does not affect any structural element of the Building, does not consist of removing any Tenant Improvements (unless replaced by improvements of equal or better quality, usability and marketability) and does not cost in excess of $100,000.00 in the aggregrate with all other Alterations made by Tenant during any period of twelve (12) consecutive months, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring Premises (“"Alterations”"), without Landlord’s 's prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion reasonably impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any out-of-pocket expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
6.5 All contractors and subcontractors performing work at the Premises for the Tenant Improvements or Alterations must be recognized and approved by the Building Trades Council having jurisdiction over downtown Minneapolis, Minnesota and each such contractor or sub-contractor must be bound by and a signatory to an applicable bargaining agreement and observe area standards for wages and other terms and conditions of employment, including fringe benefits.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“"Alterations”"), without Landlord’s 's prior written consent. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any. of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than One Thousand Five Hundred Dollars ($1,500), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approvalTenant installs the Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, ; all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest-Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system (subject to the remaining terms and conditions of this Section 6.1) or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent will not be unreasonably withheld so long as Tenant gives Landlord at least ten (10) days prior written notice of the intended Alterations, and the Alterations (a) do not affect the structure, the water tight character of the Building or its roof, or any of the Building Systems and, (b) cost less than Forty Thousand Dollars ($40,000). Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new or like-new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated approved by Landlord, which approval shall not be unreasonably withheld; and (iii) subject to the following provisions, remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord. Landlord hereby acknowledges and agrees that Tenant is subject to certain regulations and other applicable Laws regarding required security measures for banking institutions. Accordingly, Landlord shall in no event withhold consent to Tenant’s installation of a security system so required of Tenant to be installed within the Premises pursuant to the terms of this Lease. Subject to any applicable Regulations, inspection requirements, and the terms and conditions of this Lease, Tenant shall have the nonexclusive right to install an internal security system (Tenant’s “Security System”) within the Premises so long as such Security System in no event affects or otherwise impacts the functionality, structural integrity or operability of any Building system or the structure of the Building. The terms and conditions of this Lease, including, without limitation, Articles 6 and 19, shall govern such installation and removal by Tenant of the Security System. The size and design of such Security System shall be subject to Landlord’s prior written approval which approval shall not be unreasonably withheld, conditioned or delayed, and, to the extent required by applicable Laws, shall not be withheld. Tenant shall be responsible, at its sole cost and expense, for maintaining and repairing Tenant’s Security System in good condition and repair. Notwithstanding anything to the contrary contained in this Lease, so long as Landlord does not require in writing the Security System to be removed at the expiation or earlier termination of this Lease, upon expiration or earlier termination of this Lease, title to the Security System shall pass to Landlord. Notwithstanding anything to the contrary, Landlord shall make not directly or indirectly be liable to Tenant or any other person and Tenant hereby waives any and all claims against and releases Landlord and Landlord’s agents, employees, partners, shareholders, and managers from any and all claims arising as a consequence of or related to Tenant’s Security System, or the failure thereof. The terms of this paragraph are personal to Tenant initially named in this Lease and to an assignee pursuant to Permitted Transferee in connection with an assignment of this Lease. Notwithstanding the foregoing, but subject to the remaining terms of this Section 6.1, Tenant shall not be required to remove any portion of the Tenant Improvements to the extent the same are shown in the Approved Space Plan (defined in Exhibit B - Construction Rider) other than wiring and cabling which shall be removed by Tenant on or before the expiration or earlier termination of the Lease at Tenant’s sole cost; provided, however, that Landlord hereby reserves determination of Tenant’s removal and restoration obligations on any portion of the Tenant Improvements not shown on the Space Plan (attached to Exhibit B as Schedule 1 thereto), which are incomplete on the Space Plan or for which new information is derived from the Final Construction Documents. Further, it is agreed that other than cabling and wiring, Tenant shall have no obligation to remove any standard office improvements such designation as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting (such improvements collectively referred to as “Standard Office Improvements”). Notwithstanding anything to the contrary contained herein, so long as Tenant’s written request for consent for a proposed Alteration contains the following statement in large, bold and capped font “PURSUANT TO SECTION 6 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any Alterations, if it so does, Tenant shall also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of approvalthis Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Section 19.1 hereof, Tenant shall be required to remove all Alterations made to the Premises except for any Standard Office Improvements (as provided above) and further except for any such Alterations which Landlord expressly indicates or is deemed to have indicated shall not be required to be removed from the Premises by Tenant. If Tenant’s written notice strictly complies with the foregoing and if Landlord fails to notify Tenant within twenty (20) days of Landlord’s receipt of such notice whether Tenant shall be required to remove the subject alterations or improvements at the expiration or earlier termination of this Lease, it shall be assumed that Landlord shall require the removal of the subject Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand within thirty (30) days following Tenant’s receipt of an invoice from Landlord for any reasonable, out of pocket, third-party expenses (not to exceed a total amount of $2,000.00) incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect reflecting the Alterations. Before commencement of any Alterations Tenant shall (i) obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord, and (ii) give Landlord before commencement at least ten (10) days prior written notice and shall cooperate with Landlord in posting and maintaining notices of non-responsibility in connection with the Alterations. Within thirty (30) days following the completion of any Alterations Notwithstanding anything above Tenant shall deliver to Landlord “as built” plans showing the contrarycompleted Alterations. The “as built” plans shall be “hard copy” on paper and in digital form (if done on CAD), and show the Alterations in reasonable detail, including (a) the location of walls, partitions and doors, including lire exits and ADA paths of travel, (b) electrical, plumbing and life safety fixtures, and (c) a reflected ceiling plan showing the location of heating, ventilating and air conditioning registers, lighting and life safety systems.
6.3 In connection with all Tenant may from time Improvements and Alterations, Landlord shall be entitled to time during a construction coordination fee equal to two percent (2%) of construction costs; provided, however, that with respect to Alterations only, such fee shall be waived for Alterations that do not affect, involve or otherwise impact any Building system and/or the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions structure of the interior Building or any portion of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsProject.
6.3 6.4 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 6.5 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.-
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TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider and except as otherwise provided below, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materialsmaterials and utilizing contractors approved by Landlord in its reasonable discretion; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; and (iv) in accordance with the Declaration and all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with the Declaration and all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to ensure compliance with the Declaration and Laws and to reasonably protect Landlord, ’s interest from any material diminution in value or material damage to the Property structure or the HVAC and Landlord’s interestsBuilding Systems of the Building. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with the Declaration or applicable Laws or other requirements. Notwithstanding the foregoing provisions to the contrary, Tenant shall have the right, without Landlord’s consent, to make non-structural Alterations such as painting, wall or window coverings, floor coverings, or installation or rearrangement of cubicles or other modular office dividers that do not violate the Declaration or otherwise disturb the parking lot or soil on the Premises and that do not affect the Building structure, HVAC or Building Systems (“Minor Alterations”), provided that Tenant gives Landlord not less than ten (10) days prior written notice of any such Minor Alterations and shall otherwise comply with the terms and provisions of this Lease. Except as otherwise provided in Landlord’s consentconsent (if applicable), and except as otherwise provided in Section 6.4 below, all Alterations shall upon installation become part of the realty and be the property of Landlord.. Tenant shall have no obligation to remove any Minor Alterations or any other Alterations except to the extent that the same materially diminish the value of the Building in Landlord’s reasonable determination or materially affect the Building’s structure, HVAC or Building Systems, and then only to the extent that Landlord, at the time of giving its consent to any such Alteration, notified Tenant of the requirement that such Alteration be removed at the end of the Term. Whether or not Landlord’s consent is required for any improvements, upon receipt of written notice of Tenant’s intention to make any Alterations, Landlord may impose conditions upon Tenant’s right to perform such work as Landlord may deem reasonably necessary to protect its interest in the Premises, including without limitation, requiring (a) insurance naming Landlord as additional insured, (b) Tenant to carry builder’s risk insurance with limits of coverage adequate to cover the cost of construction and naming Landlord as additional insured (which insurance shall be maintained during periods of construction and shall be primary in the event of a casualty occurring on or about the Premises), (c) adequate financial security or assurances to ensure the contractor and all subcontractors will be paid for their work, (d) the right to have a representative of Landlord be present during the making of any Alterations or Minor Alterations, and (e) the right to inspect any Alterations or Minor Alterations during the course of construction. Notwithstanding anything herein to the contrary, during any period where Landlord is performing initial construction of the Premises, including without limitation, constructing or installing the Tenant Improvements (i.e. until Landlord is completely finished with its initial construction work of the Premises and any Tenant Improvements), Tenant must use union contractors recognized and approved by the Building Trades Council having jurisdiction over Minneapolis, Minnesota to construct or install any tenant improvements, Alterations, Minor Alterations or tenant trade fixtures, equipment, etc...
6.2 Before making any AlterationAlterations (other than Minor Alterations), Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and and, if required, a copy of the contractor’s license. Tenant shall not be required to reimburse Landlord upon demand for any expenses costs incurred by Landlord in connection with any Alterations made by Tenant, including Tenant except that Tenant shall reimburse Landlord within thirty (30) days after written request for payment for any reasonable fees charged out of pocket costs incurred by Landlord’s contractors Landlord in connection with having a mechanical engineer or consultants to structural engineer reasonably review plans and specifications prepared or inspect completed work for Alterations made or desired to be made by Tenant and to update the existing as-built plans and specifications of the Building to reflect the AlterationsTenant. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above Alterations. Tenant shall also deliver to the contrary, Tenant may from time to time during the Lease Term, at its own expense Landlord copies of inspection approvals and after giving Landlord written notice any certificate of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions occupancy issued upon completion of the interior Alterations (other than Minor Alterations), together with a sworn construction statement from the general contractor substantiating the total cost of the Premises project (except those including the value of a structural naturelabor of materials) as it may find necessary and identifying all subcontractors, and together with copies of full and final lien waivers or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialspaid invoices from the general contractor and all subcontractors.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyPremises, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten thirty (1030) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be releasedreleased by payment of the lien or otherwise, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations (except in case of emergency when notice shall be given as soon as reasonably possible) and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
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TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance In connection with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination extension of the Term, as designated by Landlord, and Landlord shall make provide to Assignee an allowance for Assignee to complete any desired “Alterations” to the Premises equal to $23.00 per square foot (i.e., $815,419.00) (the “TI Allowance”). All such designation Alterations desired by Assignee shall be subject to approval by Landlord to the extent required in Section 8 of the Original Lease and shall be performed by Tenant as “Alterations” in accordance with the terms of Section 8 of the Original Lease, provided in no event shall Assignee be required to post any bonds for the completion of any such Alterations and Assignee shall have no obligation to remove any Alterations at the expiration or earlier termination of the Lease unless Landlord shall notify Assignee at the time of approvalits approval of such Alterations that they must be removed at such time. If any work outside The Work Letter included in the Premises or any work on or adjustment Original Lease as Exhibit C shall have no application to any of the Building Systems, is required in connection with or as a result of TenantAssignee’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any Alteration, Tenant shall submit to Landlord, in writing, for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement completion of any Alterations Notwithstanding anything above or Landlord’s disbursement of the TI Allowance. Subject to the contrarysatisfaction of the conditions precedent set forth below, Tenant and not earlier than January 1, 2021, Landlord shall disburse the TI Allowance to Assignee in installments, not more often than once per month, within five (5) business days of Assignee’s delivery to Landlord of a written draw request stating the amount of the TI Allowance Assignee desires to reimburse Assignee for costs incurred by Assignee for any Alterations, including signage, design and permit fees, if any, and materials, contractor fees and costs (“Alterations Costs”). Assignee shall include with each such draw request, receipts and other evidence of payment for all such Alterations Costs for which reimbursement is requested by Assignee. Assignee must use all of the TI Allowance on or before December 31, 2021. If not, commencing January 1, 2022, Assignee may from time apply any remaining TI Allowance as a monthly credit towards Monthly Instalments of Rent in an amount not to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical exceed $25,000 per month until all unused portions of the interior TI Allowance have been applied towards Alterations or Rent. Landlord shall disburse the TI Allowance provided each of the Premises (except those following conditions has been met:(a) Assignee’s market capitalization as of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approvalDecember 31, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initials
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property2020 exceeds $20,000,000, and Tenant does (b) no Event of Default exists on January 1, 2021. Provided no Event of Default then exists, in the event the TI Allowance is not cause released in accordance with the same to be released by paymentabove, bonding or otherwise within ten (10) days after the attachment thereofcommencing January 1, Landlord shall have the right but not the obligation to cause the same to be released2021, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith Base Rent shall be payable reduced by Tenant on demand with interest thereon from $8,331.00 per month for the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part duration of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade FixturesExtended Lease Term.
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TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (collectively, “Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Subject to Landlord’s prior written approval, not to be unreasonably withheld, conditioned or delayed, and subject to applicable Laws and the terms and conditions of this Lease, Tenant will be allowed to have its Approved Contractor (defined herein) install, at Tenant’s sole cost and expense (i) fiber and telecommunications cabling to the Building to serve the Premises for Tenant’s use, (ii) an antenna on the roof of the Premises in a location designated by Tenant and subject to the reasonable approval Landlord, and (iii) a backup generator on a concrete pad to be installed by Tenant at its sole expense to the rear of and adjacent to the Premises in a location designated by Tenant and subject to the reasonable approval of Landlord, to the extent the foregoing items are reasonably necessary for Tenant’s business operations. If the backup generator requires a fuel tank, then Landlord shall have the right to approve of the fuel tank and Tenant shall comply with all applicable governmental or quasi-governmental laws, rules, regulations, orders, ordinances and codes applicable to same, and any reasonable rules imposed by Landlord regarding such tank. The cabling, antenna and backup generator (and concrete pad) will be included in the definition of Alterations, except as otherwise provided herein. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable certain conditions which Landlord may in Landlord’s discretion imposeof this Section 6.1. Such The conditions of this Section 6.1, if applicable, may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation in writing at the time of approvalthe work. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, and excluding Tenant’s identification signage, cabling, rooftop antenna, and backup generator (including concrete pad) and all appurtenances, all Alterations that are fixtures and not Tenant’s Trade Fixtures and personal property shall upon installation become part of the realty and be the property of Landlord. Notwithstanding anything in this Lease to the contrary, Tenant will be obligated to remove Tenant’s identification signage, cabling, rooftop antenna and backup generator (including concrete pad) and all appurtenances on or before the expiration or earlier termination of the Term of this Lease, and repair and restore any damage to the Premises, Building or Property arising because of installation or removal of the foregoing items.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any reasonable expenses actually incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Notwithstanding the foregoing to the contrary, reimbursement of Landlord’s expenses pursuant to the preceding sentence shall not exceed $500, except as follows: (i) if Landlord believes that its expenses to review Tenant’s plans and specifications for any Alterations will exceed $500, then Landlord shall notify Tenant of its estimate of such expenses; (ii) Tenant shall have ten (10) days after receipt of such notice to notify Landlord whether Tenant is willing to pay such expenses; (iii) if Tenant notifies Landlord within said ten (10) day period that Tenant will pay for such expenses, then Tenant shall be obligated to reimburse Landlord; and (iv) if Tenant notifies Landlord that Tenant is not willing to pay for such expenses, or if Tenant does not notify Landlord at all within said 10-day period, then Landlord shall have no obligation to review or approve the plans and specifications and Tenant shall not make the Alterations described in such plans and specifications. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten thirty (1030) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be releasedreleased by payment of the lien or otherwise, and any sums expended by Landlord (plus Landlord’s actual reasonable additional administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
6.5 All signs, notices and graphics of every kind or character, visible in or from public view or the Common Areas or the exterior of the Premises, shall be subject to Landlord’s prior written approval, which Landlord shall have the right to withhold in its commercially reasonable discretion. Notwithstanding the foregoing and notwithstanding anything in Exhibit C attached hereto to the contrary, Tenant shall be permitted to install a large tenant identification sign on the exterior front of the Premises which shall be (i) consistent with the signage of other Building tenants, including size, (ii) in compliance with all applicable laws, codes, ordinances and regulations of governmental authorities having jurisdiction over the Premises, (iii) installed by Tenant at its own expense, (iv) subject to Landlord’s reasonable approval, and (iv) removed by Tenant on or before the expiration of the Term of this Lease. Tenant shall repair any damage to the Building necessary because of installation or removal of such sign. Tenant will also be permitted to install vinyl lettering for Tenant identification on the front glass door for the Premises, subject to Landlord’s reasonable approval of the size, color and style of lettering. Tenant shall not place or maintain any banners whatsoever or any window décor in or on any exterior window or widow fronting upon any Common Areas or service area or upon any truck doors or service doors without Landlord’s prior written approval which Landlord shall have the right to grant or withhold in its commercially reasonable discretion. Any installation of signs or graphics on or about the Premises and Project shall be subject to any applicable governmental laws, ordinances, regulations and to any other requirements imposed by Landlord. Tenant shall remove all such signs and graphics at the termination of this Lease. Such installations and removals shall be made in such manner as to avoid injury to or defacement of the Premises, Building or Project and any other improvements contained therein, and Tenant shall repair any injury or defacement including, without limitation, discoloration caused by such installation or removal.
6.6 Prior to commencing any Work (defined in this Section 6.6), Tenant shall furnish to Landlord the name and address of all Contractors (defined in this Section 6.6) who will be, or are reasonably expected to be, performing any of the Work. All such Contractors shall be licensed by the City of Minneapolis, Minnesota and approved by Landlord, which approval shall not be unreasonably withheld, and the business manager of the applicable local AFL-CIO Building and Construction Trades Council (“BCTC”) (when approved by Landlord and the BCTC, such Contractor shall be an “Approved Contractor”). Prior to commencing the Work, Tenant shall also furnish to Landlord for approval, not to be unreasonably withheld, a copy of the construction contract(s), including all amendments, change orders and modifications thereof, for the construction and installation of the Work (“Construction Contract”). Tenant agrees to comply with the following Quality Contractor Policy and shall cause the Construction Contract to contain provisions requiring the Contractor (and all of its subcontractors) to comply with the following Quality Contractor Policy when performing its work and when selecting any subcontractors to perform the work: All contractors and subcontractors at any tier performing any construction, repair, refurbishment or restoration (collectively, “Work”), including, without limitation, tenant improvements, build-out, alterations, additions, improvements, renovations, repairs, remodeling, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, or with respect to any other construction work in, on, or to the Premises or the Project (including any such work performed by any person who contracts to provide services to any portion of the Premises or Project, such as cable, DSL, communications, telecommunications or similar services) (collectively, “Contractors”) shall: (i) be bound by and signatory to a collective bargaining agreement with a labor organization (a) whose jurisdiction covers the type of work to be performed on the Project, and (b) who is an “Approved Building Trades Department Contractor or Subcontractor;” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. For purposes hereof, an “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD-affiliated contractor or subcontractor is available for a particular trade (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union which was formerly affiliated with the BCTD and which recognizes (and will recognize and respect, for its work on the Project), the jurisdictional limitations established by the local BCTD. Contractors may not engage any subcontractor that does not satisfy the provisions of clauses (i) and (ii) above. If at any time Contractor or subcontractor does not satisfy clauses (i) and (ii) above, such Contractor and subcontractor shall not be an Approved Contractor.
Appears in 1 contract
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 6.1. Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, upon seven (7) days prior written notice to Landlord, Tenant shall have the right to make installations and changes to the telephone and data communication wiring without Landlord's consent on the conditions that Tenant shall (x) at the expiration or termination of this Lease remove all such telephone and data communication wiring located above and below ceilings, in chases and in risers (to the extent, within seven (7) days after Landlord's receipt of Tenant's notification of such installation, Landlord notifies Tenant that Landlord will require Tenant to remove such telephone and data communications wiring at the expiration or termination of this Lease), (y) obtain Landlord's prior written consent to any boring or cutting through structural or load-bearing portions of the Premises, which consent shall not be unreasonably withheld so long as such boring or cutting does not affect the structural integrity of the Building, and Tenant complies with any requirements of Landlord's independent structural engineer, and (z) at the expiration or termination of this Lease, Tenant shall restore all portions of the Premises being detrimentally affected by any boring or cutting for wires or cables done by, or at the request of, Tenant. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than One Hundred Thousand Dollars ($100,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord, which approval shall not be unreasonably withheld; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion reasonably impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds (but only for Alterations costing more than $100,000.00) or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, provided that contractors and subcontractors for Alterations affecting (x) the Building Systems are bondable, are experienced and have done work in buildings similar to the Buildings, (y) the structure of the Building are selected by Tenant from one of three (3) contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If Landlord approves any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by LandlordAlterations. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. Notwithstanding the foregoing, or anything to the contrary contained in this Lease, upon expiration of this Lease, Tenant shall have the right to remove its Alterations from the Premises on the condition that (x) Tenant repairs all damage to the Premises resulting from such removal, and (y) where Tenant removes any such Alterations, Tenant restores that portion of the Premises affected thereby to the condition existing on the Rent Commencement Date (including capping all utility lines, if any resulting from such removal), ordinary wear and tear excepted, on the condition that the Alterations can be removed from the Premises or the Building without causing any structural damage to the Premises and the Building.
6.2 6.2. Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior reasonable approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any third-party, out-of-pocket expenses reasonably incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable and required permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheldAlterations.
6.3. Landlord’s initials Tenant’s initials
6.3 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after Tenant's receipt of notice of the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - InterestINTEREST). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 6.4. Subject to the provisions of Section 5 - Use and Compliance with Laws USE AND COMPLIANCE WITH LAWS and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”"TRADE FIXTURES") in the Premises, provided that the Trade Fixtures do not become an integral part can be removed from the Premises or the Building without damage to the structure of the Premises or and the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Lease Agreement (3do Co)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the PremisesPremises ("Alterations"), including without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Landlord shall not unreasonably withhold or delay consent to installation of any security system or telephone or data communication wiring which either requires any work outside the Premises or involves coordination or participation by the building engineers. Notwithstanding the foregoing, Tenant shall have the right, upon prior notice to Landlord to be given at least two (“Alterations”2) Business Days prior to any installation, but without any approval rights by Landlord, to install wiring for a security system or telephone or data communication which wiring is solely within the Premises and does not require coordination or participation by the building engineers. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Twenty-Five Thousand Dollars ($25,000), without so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord’s prior written consent's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld or delayed, and use contractors designated by LandlordLandlord for Alterations affecting the structure of the Building, the Building Systems and the life safety systems of the Building (provided, that Landlord shall obtain bids from three [3] contractors for any such work costing more than Five Thousand Dollars [$5,000.00]); and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation in writing at the time of approvalLandlord consents to any such Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by LandlordLandlord (provided, that Landlord shall obtain bids from three [3] contractors for any such work costing more than Five Thousand Dollars [$5,000.00]). Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations requiring Landlord's approval, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any reasonable expenses incurred by Landlord in connection with any Alterations made by Tenant, . including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten twenty (1020) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's reasonable administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ days notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Lease Agreement (Natus Medical Inc)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 (a) Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider (“Tenant’s Work”), Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s workWork, including all permits and governmental approvals required for such Alterations, which shall be applied for and obtained by Tenant); and (v) subject to all reasonable conditions commensurate with real estate industry standards which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals)) if such work is reasonably expected to exceed four (4) months’ Base Rent; (ii) use design professionals, contractors or and subcontractors designated approved by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s workWork, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 (b) Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. At the time of requesting Landlord’s consent to any Alterations, Tenant shall have the right to request that Landlord inform Tenant whether such Alterations may remain in the Premises following, or must be removed from the Premises prior to, the expiration or sooner termination of this Lease. Tenant shall reimburse Landlord within thirty (30) days of demand and upon demand receipt of an invoice sufficiently demonstrating such expenses for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable all costs of work in portions of the Building or the Project other than the Premises to comply with governmental requirements, if such compliance is required as a result of the Alterations, and any fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations. All Alterations shall be completed in compliance with the Project Rules, all applicable governmental requirements, the plans and specifications approved by Landlord, and the provisions of Section 5.1.
(c) Notwithstanding anything above the second sentence of Section 6(a) above, Tenant shall have the right to make Alterations to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord Premises with prior written notice of its intention to to, but without the consent of, Landlord, provided that such Alterations (i) do so, make cosmetic alterations, additions and changes in and to not affect the non-structural, non-mechanical structural portions of the interior Premises, the Building or the Project or the Building Systems, (ii) are “generic” office improvements (as determined by Landlord in good faith), (iii) consist of improvements and finishes that are similar to, and of equal or higher quality than, the improvements and finishes existing in the Premises as of the Commencement Date, (iv) do not require a permit or cost in excess of Twenty-Five Thousand Dollars ($25,000.00) to construct and install on an individual basis or in the aggregate during a twelve (12) month period, and (v) are otherwise performed in full compliance with the terms of Sections 6(a) through 6(g).
(d) All Alterations shall be the property of Landlord, and, upon termination of this Lease, all Alterations shall be surrendered with the Premises in accordance with Section 19.1; provided, however, that, subject to Section 6(b) above, Landlord may require, by notice to Tenant at least thirty (except those 30) days prior to the end of a structural nature) as it may find necessary or convenient for its purposes with the Term, that Tenant remove any Alterations and restore the Premises to the condition designated by Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials all at Tenant’s initialssole cost and expense.
6.3 (e) Tenant shall make any alteration, addition or change of any sort to the Premises that is required by any Law because of or that is associated with (i) Tenant’s application for any permit or governmental approval related to Tenant’s Alterations; or (ii) Tenant’s construction or installation of any Tenant’s Alterations or trade fixtures.
(f) Tenant shall obtain liability insurance, in form and amount and from an insurance company acceptable to Landlord, insuring against damage and injury to person and property arising out of the construction of any Alteration. Tenant shall deliver to Landlord reasonably satisfactory documentary evidence that such insurance is in force before starting any Alteration work.
(g) Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten thirty (1030) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest16.2). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 (h) Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Lease Agreement (Taleo Corp)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“"Alterations”"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Ten Thousand Dollars ($10,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, and use one of three (3) contractors (having market rates) which are designated by LandlordLandlord for Alterations affecting the structure of the Building, the Building Systems and the life safety systems of the Building; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated in writing by Landlord, and Landlord shall make such designation at the time of approvalLandlord consents to any Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord who charge for such work at rates prevailing in the geographical location of the Project.. Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations for which Landlord's consent is required pursuant to the provisions of Section 6.1 above, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any reasonable expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building Buildings to reflect the AlterationsAlterations (not to exceed $1,500.00 per each Alteration for updating as-built plans and specifications). Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten twenty (1020) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's reasonable administrative costs) in connection therewith shall be payable by Tenant on written demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Lease Agreement (Perclose Inc)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”Improvement"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“"Alterations”"), without Landlord’s 's prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and contractor(s)and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any AlterationAlterations, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s 's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations alterations and a copy of the contractor’s 's license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s 's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations Notwithstanding anything above to the contrary, Tenant may from time to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which shall not be unreasonably withheld. Landlord’s initials Tenant’s initialsAlterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s 's administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall give Landlord at least ten (10) days’ ' notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“"Trade Fixtures”") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Lease Agreement (Trintech Group PLC)
TENANT IMPROVEMENTS & ALTERATIONS. 6.1 (a) Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction RiderWork Letter. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderWork Letter (“Tenant’s Work”), Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, delayed or conditioned. Any However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Minor Alteration”): (a) is not visible from the exterior of the Premises or Building; (b) will not affect the base Building; and (c) does not require work to be performed inside the walls or above the ceiling of the Premises. Tenant shall provide at least ten (10) days prior written notice to Landlord of any such Minor Alteration. Tenant shall be entitled to make without Landlord’s prior consent and without notice to Landlord, Alterations that satisfy all of the following criteria (“Cosmetic Alterations”): (A) are of a cosmetic nature, such as painting, wallpapering, hanging pictures and installing carpeting, (B) do not require work to be performed inside the walls or above the ceiling of the Premises, and (C) that will not affect the base Building. All Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord, if such plans and specifications are necessary for the issuance of required permits or if reasonably deemed necessary by Landlord due to the nature of the work to be performed (except in the case of Cosmetic Alterations); (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws Laws, subject to Landlord’s obligation set forth in Section 2 above (including all workwork within the Premises, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s workWork, including all permits and governmental approvals required for such Alterations, which shall be applied for and obtained by Tenant); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use design professionals, contractors and subcontractors approved by Landlord in its reasonable discretion; provided, however, that Landlord’s approval shall only be required for design professionals, contractors and subcontractors that perform work that affects the Building structure or subcontractors designated by Landlordsystems; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s workWork, such work shall be performed at Tenant’s expense (other than work which is Landlord’s responsibility pursuant to Section 2 above) by contractors designated approved by LandlordLandlord in its reasonable discretion. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 (b) Before making any AlterationAlterations (except for Cosmetic Alterations and Minor Alterations) to the extent necessary for the issuance of required permits or if reasonably deemed necessary by Landlord due to the nature of the work to be performed, Tenant shall submit to Landlord, in writing, Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including and the name of the contractor and all subcontractors (to the extent required by Section 6(a) above) proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall reimburse Landlord upon within thirty (30) days of demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable all costs of work in portions of the Building or the Project other than the Premises to comply with governmental requirements (unless such compliance is the responsibility of Landlord pursuant to Section 2 above), if such compliance is required as a result of the Alterations, and any actual fees (without xxxx-up by Landlord) charged by Landlord’s third party contractors or consultants to review plans and specifications prepared by Tenant and to update update, if appropriate, the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations. All Alterations Notwithstanding anything above shall be completed in compliance with the Project Rules, all applicable governmental requirements, the plans and specifications approved by Landlord (if any), and the provisions of Section 5.1.
(c) All Alterations shall be and remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as if by a xxxx of sale. All Alterations shall be surrendered with the Premises in accordance with Section 19.1; provided, however, that Landlord may require, by notice to Tenant at least thirty (30) days prior to the contraryend of the Term, that Tenant remove any Alterations and restore the Premises to the condition designated by Landlord, all at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, including any Tenant Improvements, as such terms may be defined in the Work Letter attached hereto, may request in writing that Landlord advise Tenant whether Landlord will require the Alteration, including any Tenant Improvement, or any portion thereof, to be removed at the expiration or earlier termination of the Lease. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration or other improvements Landlord will require Tenant to remove at the expiration or earlier termination of the Lease. In the event Landlord fails to so advise Tenant, Tenant may from time submit a second request to time during the Lease Term, at its own expense and after giving Landlord written notice of its intention to do so, make cosmetic alterations, additions and changes in and to the non-structural, non-mechanical portions of the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes with Landlord’s prior written approval, which request shall state in bold and capital letters that it is Tenant’s second and final request for notification of whether Landlord will require such Alteration to be removed at the expiration or earlier termination of this Lease. If Landlord fails to respond to such second notice, it shall be deemed that such proposed Alterations shall not be unreasonably withheld. Landlord’s initials required to be removed by Tenant at the expiration or earlier termination of this Lease.
(d) Tenant shall make any alteration, addition or change of any sort to the Premises that is required by any Law because of or that is associated with (i) Tenant’s initialsparticular use or change of use of the Premises; (ii) Tenant’s application for any permit or governmental approval; or (iii) Tenant’s construction or installation of any Tenant’s Alterations or trade fixtures.
6.3 (e) Tenant shall obtain liability insurance, in form and amount and from an insurance company acceptable to Landlord, insuring against damage and injury to person and property arising out of the construction of any Alteration. Tenant shall deliver to Landlord reasonably satisfactory documentary evidence that such insurance is in force before starting any Alteration work.
(f) Tenant shall keep the Premises and the Property Project free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the PropertyProject, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (10) days after notice of the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord (plus Landlord’s administrative costs) in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest16.2). Tenant shall give Landlord at least ten (10) days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 (g) Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section5, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (“Trade Fixtures”) in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or the Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 1 contract
Samples: Lease Agreement (Tercica Inc)
