Tenant Improvements and 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 shall not be unreasonably withheld, conditioned, 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 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; and (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. 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. Notwithstanding anything to the contrary contained herein, Landlord’s consent shall not be required for, nor may Landlord impose conditions on, either cosmetic Alterations or any Alterations not requiring a building permit to be performed by Tenant in the Premises, which do not affect the Building (other than the interior of the Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that Tenant shall provide written notice to Landlord of same no later than ten (10) business days prior to commencing the Alterations described in this sentence. 6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to 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 and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. 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 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, Tenant shall deliver to Landlord “as built” plans showing the completed Alterations. 6.3 In connection with all Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of the construction costs thereof. 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). 6.5 Subject to the provisions of Section 5 -
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Tenant Improvements and 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, additions or improvements or changes to the PremisesLeased Premises (including, including installation of any security system but not limited to roof and wall penetrations) or telephone or data communication wiring, (“Alterations”), Building without Landlord’s the prior written consentconsent of Landlord. All Tenant alterations, which additions and/or improvements shall not be unreasonably withheldcomply with insurance requirements and with all applicable laws, conditionedordinances, or delayedand regulations. Any such Alterations Additionally, all Tenant alterations, additions and/or improvements shall be completed by in accordance with Landlord's specifications. All Tenant at Tenant’s sole cost and expense: (i) with due diligencealterations, additions and/or improvements shall be constructed in a good and workmanlike manner, using new materials; (ii) in compliance with . All plans and specifications for Tenant's alterations, additions and/or improvements shall be submitted to Landlord for Landlord's written approval. Tenant agrees that Landlord may monitor all phases of Tenant's construction. Tenant shall reimburse Landlord for Landlord's reasonable expenses for reviewing plans and documents and in monitoring construction. Landlord's review of plans and monitoring construction shall be solely for Landlord's own benefit and shall impose no duty or obligation on Landlord to confirm that the plans and specifications and/or construction comply with applicable laws, codes, rules, or regulations. At Landlord's request, Tenant shall obtain payment and performance bonds approved by Landlord; (iii) , for any Tenant construction which bonds shall be delivered to Landlord prior to commencement of construction. Upon completion of Tenant's construction, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who performed work along with final lien waivers from such contractors and subcontractors. Tenant may, without the consent of Landlord, but at its own cost and expense and in compliance with a good workmanlike manner, erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the construction rules basic character of the Building or improvements and regulations promulgated by Landlord from time to time; without overloading or damaging such Building or improvements, and (iv) in accordance each case complying with all applicable Laws (including all workgovernmental laws, whether structural or non-structuralordinances, inside or outside the Premises, required to comply fully with all applicable Laws regulations 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. 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 consentAll alterations, all Alterations additions, improvements and partitions erected by Tenant shall upon installation become part of the realty be and be remain the property of Landlord. Notwithstanding anything to Tenant during the contrary contained hereinterm of this Lease and Tenant shall, Landlord’s consent shall not be required forunless Landlord otherwise elects as hereinafter provided, nor may Landlord impose conditions onremove all alterations, either cosmetic Alterations or any Alterations not requiring a building permit to be performed additions, improvements and partitions erected by Tenant in and restore the Premises, which do not affect Leased Premises to its original condition by the Building (other than the interior date of termination of this Lease or upon earlier vacating of the Leased Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that Tenant shall provide written notice to if Landlord of same no later than ten (10) business days so elects prior to commencing the Alterations described in termination of this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect Lease or engineer, a copy upon earlier vacating of the construction contractLeased Premises, including such alterations, additions, improvements and partitions shall become the name property of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy Landlord as of the contractor’s license and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. 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 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, Tenant shall deliver to Landlord “as built” plans showing the completed Alterations.
6.3 In connection with all Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of the construction costs thereof.
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 termination of this Lease or upon earlier vacating of the Interest Rate (as defined in Section 16.2 - Interest).
6.5 Subject Leased Premises and shall be delivered up to the provisions Landlord with the Leased Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of Section 5 -this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Leased Premises if required shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Leased Premises.
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Samples: Lease Agreement (Learningstar Corp)
Tenant Improvements and Alterations. 6.1 Landlord and The Tenant shall perform their respective obligations with respect have the right, initially and from time to design and construction of any improvements time, 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 alterations to the PremisesLeased Space, including installation subject to the following conditions:
A. No improvement or alteration shall at any time be made which shall impair the structural soundness or diminish the value of the Building.
B. No improvement or alteration requiring an inspection or approval by any security system municipal or telephone other governmental authority having jurisdiction over such improvements or data communication wiringalterations shall be made at any time without first obtaining the Landlord's written approval therefore, (“Alterations”), without Landlord’s prior written consent, which but such approval shall not be unreasonably withheldwithheld by the Landlord. No structural improvement or alteration involving an expenditure in excess of $1,000.00 shall be made without first obtaining the Landlord's written approval of the plans therefor, conditionedbut such approval shall not be unreasonably withheld by the Landlord. The Tenant shall furthermore first obtain the Landlord's written approval before any modification or changes are made in such plans after Landlord's approval thereof.
C. No improvement or alteration shall be undertaken until the Tenant shall have procured and paid for all required municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction.
D. All work done in connection with any improvements or alterations shall be done in good and workmanlike manner and in compliance with all building and zoning laws, and with all other laws, ordinances, rules, requirements of any federal, state or delayed. Any such Alterations municipal government or agency having jurisdiction and 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; and (iv) in accordance with free of all applicable Laws (including all work, whether structural mechanics or non-structural, inside materialman's liens.
E. Any improvement 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. 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 alteration to the adequacyLeased Space, 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 except moveable furniture and be the property of Landlord. Notwithstanding anything to the contrary contained herein, Landlord’s consent shall not be required for, nor may Landlord impose conditions on, either cosmetic Alterations or any Alterations not requiring a building permit to be performed trade fixtures placed by Tenant in the PremisesLeased Space, which do not affect shall at once become the Building (other than the interior absolute property of the Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that Tenant shall provide written notice to Landlord of same no later than ten (10) business days prior to commencing the Alterations described in this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to 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 and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. 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 at least ten (10) days prior written notice and shall cooperate with Landlord in posting remain upon and maintaining notices of non-responsibility in connection be surrendered with the Alterations. Within thirty (30) days following the completion of any Alterations, Tenant shall deliver to Landlord “Leased Space as built” plans showing the completed Alterations.
6.3 In connection with all Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of the construction costs thereof.
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 part thereof at the Interest Rate (as defined in Section 16.2 - Interest)termination of this Lease without disturbance or injury.
6.5 Subject to the provisions of Section 5 -
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Tenant Improvements and 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, additions or improvements or changes to the Premises, Leased Premises (including installation of any security system but not limited to roof and wall penetrations) or telephone or data communication wiring, (“Alterations”), Building without Landlord’s the prior written consentconsent of Landlord. All Tenant alterations, which additions and/or improvements shall not be unreasonably withheldcomply with insurance requirements and with all applicable laws, conditionedordinances, or delayedand regulations. Any such Alterations Additionally, all Tenant alterations, additions, and/or improvements shall be completed by in accordance with the Landlord's specifications. All Tenant at Tenant’s sole cost and expense: (i) with due diligencealterations, additions and/or improvements shall be constructed in a good and workmanlike manner, using new materials; (ii) in compliance with . All plans and specifications for Tenant's alterations, additions and/or improvements shall be submitted to Landlord for Landlord's written approval. Tenant agrees that Landlord may monitor all phases of Tenant's construction. Tenant shall reimburse Landlord for Landlord's reasonable expenses for reviewing plans and documents and in monitoring construction. Landlord's review of plans and monitoring construction shall be solely for Landlord's own benefit and shall impose no duty or obligation on Landlord to confirm that the plans and specifications and/or construction comply with applicable laws, codes, rules, or regulations. Tenant shall obtain payment and performance bonds approved by Landlord; (iii) , for any Tenant construction which bonds shall be delivered to Landlord prior to commencement of construction. Upon completion of Tenant's construction, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who performed work along with final lien waivers from such contractors and subcontractors. Tenant may, without the consent of Landlord, but at its own cost and expense and in compliance with a good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the construction rules basic character of the Building or improvements and regulations promulgated by Landlord from time to time; without overloading or damaging such Building or improvements, and (iv) in accordance each case complying with all applicable Laws (including all workgovernmental laws, whether structural or non-structuralordinances, inside or outside the Premises, required to comply fully with all applicable Laws regulations 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. 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 consentAll alterations, all Alterations additions, improvements and partitions erected by Tenant shall upon installation become part of the realty be and be remain the property of Landlord. Notwithstanding anything the Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Leased Premises to its original condition, exclusive of the contrary contained initial leasehold improvements included in the allowance outlined herein, Landlord’s consent shall not be required for, nor may Landlord impose conditions on, either cosmetic Alterations by the date of termination of this Lease or any Alterations not requiring a building permit to be performed by Tenant in the Premises, which do not affect the Building (other than the interior upon earlier vacating of the Leased Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that Tenant shall provide written notice to if Landlord of same no later than ten (10) business days so elects prior to commencing the Alterations described in termination of this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect Lease or engineer, a copy upon earlier vacating of the construction contractLeased Premises, including such alterations, additions, improvements and partitions shall become the name property of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy Landlord as of the contractor’s license and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. 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 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, Tenant shall deliver to Landlord “as built” plans showing the completed Alterations.
6.3 In connection with all Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of the construction costs thereof.
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 termination of this Lease or upon earlier vacating of the Interest Rate (as defined in Section 16.2 - Interest).
6.5 Subject Leased Premises and shall be delivered up to the provisions Landlord with the Leased Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of Section 5 -this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Leased Premises if required shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Leased Premises.
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Tenant Improvements and 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, additions or improvements or changes to the Premises, Leased Premises (including installation of any security system but not limited to roof and wall penetrations) or telephone or data communication wiring, (“Alterations”), Building without Landlord’s the prior written consentconsent of Landlord, which and such consent shall not be unreasonably withheld. All Tenant alterations, conditionedadditions and/or improvements shall comply with insurance requirements and with all applicable laws, or delayedordinances, and regulations. Any such Alterations Additionally, all Tenant alterations, additions and/or improvements shall be completed by in accordance with Landlord's specifications. All Tenant at Tenant’s sole cost and expense: (i) with due diligencealterations, additions and/or improvements shall be constructed in a good and workmanlike manner, using new materials; (ii) in compliance with . All plans and specifications for Tenant's alterations, additions and/or improvements shall be submitted to Landlord for Landlord's written approval. Tenant agrees that Landlord may monitor all phases of Tenant's construction. Tenant shall reimburse Landlord for Landlord's reasonable expenses for reviewing plans and documents and in monitoring construction. Landlord's review of plans and monitoring construction shall be solely for Landlord's own benefit and shall impose no duty or obligation on Landlord to confirm that the plans and specifications and/or construction comply with applicable laws, codes, rules, or regulations. At Landlord's request, Tenant shall obtain payment and performance bonds approved by Landlord; (iii) , for any Tenant construction which bonds shall be delivered to Landlord prior to commencement of construction. Upon completion of Tenant's construction, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who performed work along with final lien waivers from such contractors and subcontractors. Tenant may, without the consent of Landlord, but at its own cost and expense and in compliance with a good workmanlike manner, erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the construction rules basic character of the Building or improvements and regulations promulgated by Landlord from time to time; without overloading or damaging such Building or improvements, and (iv) in accordance each case complying with all applicable Laws (including all workgovernmental laws, whether structural or non-structuralordinances, inside or outside the Premises, required to comply fully with all applicable Laws regulations 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. 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 consentAll alterations, all Alterations additions, improvements and partitions erected by Tenant shall upon installation become part of the realty be and be remain the property of Landlord. Notwithstanding anything to Tenant during the contrary contained hereinterm of this Lease and Tenant shall, Landlord’s consent shall not be required forunless Landlord otherwise elects as hereinafter provided, nor may Landlord impose conditions onremove all alterations, either cosmetic Alterations or any Alterations not requiring a building permit to be performed additions, improvements and partitions erected by Tenant in and restore the Premises, which do not affect Leased Premises to its original condition by the Building (other than the interior date of termination of this Lease or upon earlier vacating of the Leased Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that Tenant shall provide written notice to if Landlord of same no later than ten (10) business days so elects prior to commencing the Alterations described in termination of this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect Lease or engineer, a copy upon earlier vacating of the construction contractLeased Premises, including such alterations, additions, improvements and partitions shall become the name property of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy Landlord as of the contractor’s license and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. 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 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, Tenant shall deliver to Landlord “as built” plans showing the completed Alterations.
6.3 In connection with all Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of the construction costs thereof.
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 termination of this Lease or upon earlier vacating of the Interest Rate (as defined in Section 16.2 - Interest).
6.5 Subject Leased Premises and shall be delivered up to the provisions Landlord with the Leased Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of Section 5 -this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Leased Premises if required shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Leased Premises.
Appears in 1 contract
Tenant Improvements and Alterations. 6.1 Landlord and Tenant shall perform their respective obligations with respect Prior to design and construction of commencing 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 alterations to the Premises, including the installation or modification of any security system or telephone communication or data communication wiringwires, (“Alterations”)cables and boxes, without Tenant shall obtain the written approval of Landlord’s prior written consent, which approval shall not be unreasonably withheld, conditioned, withheld or delayed, in connection with which Tenant shall submit to Landlord, prior to commencing such work, detailed plans and specifications, showing all such work, and the names of all proposed contractors. Any such Alterations Electrical work required by the Tenant will only be performed by the electrician then hired by the Landlord as the Building Electrician. Tenant shall be completed by Tenant give Landlord the opportunity to make the proposed improvements or alterations, at Tenant’s sole cost 's expense. Tenant agrees that it will procure all necessary permits, licenses, and expense: approvals before commencing any construction upon the Premises. Tenant agrees that all construction, repairs, installations, alterations, improvements and removals not done by Landlord (i"Tenant Construction") with due diligence, will be done in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications a contractor approved by Landlord; (iii) , in compliance conformity with the construction rules all laws, ordinances and regulations promulgated of all public authorities and all insurance inspection or rating bureaus having jurisdiction, and that the structure of the Building will not be endangered or impaired and that Tenant will repair any and all damage caused by or resulting from any such Tenant Construction, including, without limitation, the filling of holes. Tenant must obtain from Landlord prior written approval (which shall not be unreasonably withheld or delayed) of proposed work hours and of the timing of delivery of materials and equipment. Tenant agrees to pay promptly when due all charges for labor and materials in connection with any work done by Tenant or anyone claiming under Tenant or by Landlord from time to time; and (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside on behalf of Tenant upon the Premises, required so that the Premises will at all times be free of liens. Tenant agrees to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which save 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. 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. Notwithstanding anything to the contrary contained herein, Landlord’s consent shall not be required for, nor may Landlord impose conditions on, either cosmetic Alterations or any Alterations not requiring a building permit to be performed by Tenant in the Premises, which do not affect the Building (other than the interior of the Premises)harmless from, and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; providedindemnify Landlord against, however, that Tenant shall provide written notice to Landlord of same no later than ten (10) business days prior to commencing the Alterations described in this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to 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 claims for injury, loss or damage to person or property caused by Tenant to make or resulting from the Alterations and a copy of the contractor’s license and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. Before commencement doing 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 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, Tenant shall deliver to Landlord “as built” plans showing the completed Alterationssuch work.
6.3 In connection with all Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of the construction costs thereof.
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).
6.5 Subject to the provisions of Section 5 -
Appears in 1 contract
Samples: Lease (Embedded Support Tools Corp)
Tenant Improvements and Alterations. 6.1 Landlord and (a) Intentionally deleted.
(b) 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 shall not be unreasonably withheld, conditioned, 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 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; and (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. 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. Notwithstanding anything to the contrary contained herein, Landlord’s consent shall not be required forto obtain the consent or approval of Landlord for any decorations, nor may Landlord impose conditions onpainting, either cosmetic Alterations plastering, or any Alterations not requiring a building permit to be performed by Tenant in the Premisescarpeting, which do not affect the Building (other than the interior of the Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that but Tenant shall provide written notice be required to Landlord of same no later than ten (10) business days prior to commencing the Alterations described in this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to 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 and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. 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 at least ten (10) days prior written notice thereof.
(c) Tenant shall be required to obtain the prior written approval of Landlord for any alterations or improvements to the Premises which:
(i) are not located wholly within the Premises, the demising walls of the Premises, the entrances to and/or exits from the Premises, or the floor or ceiling of the Premises (unless required to connect the utility systems within the Premises to the utility systems of the Building);
(ii) decrease the value of the Building;
(iii) adversely affect the structural integrity of the Building or the operation of the HVAC, plumbing, electricity, or water and sewer systems of the Building;
(iv) require any roof penetration; or
(v) which are at a cost of $25,000.00 or more.
(d) Any such alterations, additions or improvements shall cooperate with be made at Tenant’s sole cost and expense. In the event Tenant’s alterations, additions or improvements require roof penetration, Tenant shall use Landlord’s roofing contractor or such other contractor as Landlord in posting reasonably approves. Landlord shall have ten (10) days after receiving Xxxxxx’s written notice of proposed work to respond or provide such written consent. Tenant shall provide Landlord copies of any plans and maintaining notices of nonspecifications. Tenant shall deliver to Landlord as-responsibility in connection with the Alterations. Within built plans showing all alterations within thirty (30) days following installation of the completion of any Alterations, alteration. Tenant shall deliver to Landlord “provide such construction insurance as built” plans showing the completed Alterationsmay be reasonably required by Landlord.
6.3 In connection (e) Landlord shall have the right to require Tenant to furnish adequate security to insure timely payment to the contractors and subcontractors for such work. All work performed by the Tenant shall be done in strict compliance with all applicable building, fire, sanitary and safety codes, and other applicable laws, statutes, regulations and ordinances, and Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of secure all necessary permits for the construction costs thereof.
6.4 same. Tenant shall keep the Premises and the Property free and clear of from all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If in connection with any such lien attaches to work. All work performed by the Premises Tenant shall be carried forward expeditiously, shall not interfere with Landlord’s work or the Propertywork to be performed by or for other tenants, and Tenant does not cause the same shall be 9044.051 Five Oaks Flex Lease to be released by payment, bonding Credence Lot 3 v2 completed within a reasonable time. Landlord or otherwise within ten (10) days after the attachment thereof, Landlord Landlord’s agents shall have the right but at all reasonable times to inspect the quality and progress of such work.
(f) Tenant shall provide its own trash container(s) for construction debris; promptly remove all construction and related debris from the Premises; and immediately following completion of construction, Tenant shall repair and restore any portions of the Premises harmed as a result of the construction activities to the condition existing immediately prior to construction. Landlord’s review and/or approval of any request for alterations, additions or improvements in or to the Premises, and/or the plans and specifications with respect thereto, shall not create responsibility or liability on the obligation part of Landlord, nor shall such review or approval evidence or constitute a representation or warranty by Landlord with respect to cause the same to be releasedaction or undertaking approved or the completeness, accuracy, design sufficiency, or compliance of such plans or specifications with laws, ordinances, rules, and /or regulations of any sums expended governmental agency or authority. Landlord and Tenant acknowledge that such items shall be Tenant’s exclusive responsibility.
(g) All improvements, alterations and other work performed on the Premises by either Landlord (plus or Tenant shall be the property of Landlord when installed, except for Tenant’s trade fixtures, and may not be removed at the expiration of this Lease unless the applicable 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)consent specifically provides otherwise.
6.5 Subject to the provisions of Section 5 -
Appears in 1 contract
Tenant Improvements and 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, additions or improvements or changes to the Premises, Leased Premises (including installation but not limited to roof and wall penetrations) or Building or use any portion of any security system or telephone or data communication wiring, (“Alterations”), the roof without Landlord’s the prior written consentconsent of Landlord. All Tenant alterations, which additions and/or improvements shall not be unreasonably withheldcomply with insurance requirements and with all applicable laws, conditionedordinances, or delayedand regulations. Any such Alterations Additionally, all Tenant alterations, additions and/or improvements shall be completed by in accordance with Landlord's specifications. All Tenant at Tenant’s sole cost and expense: (i) with due diligencealterations, additions and/or improvements shall be constructed, lien-free, in a good and workmanlike manner, using new materials; (ii) in compliance with manner by a licensed contractor. All plans and specifications for Tenant's alterations, additions and/or improvements shall be submitted to Landlord for Landlord's written approval. No other portion of the Building or the Project shall be subject to any municipal or other requirement to upgrade or otherwise modify any improvement by reason of such improvements. Tenant agrees that Landlord may monitor all phases of Tenant's construction. Tenant shall reimburse Landlord for Landlord's reasonable expenses for reviewing plans and documents and in monitoring construction. Landlord's review of plans and monitoring construction shall be solely for Landlord's own benefit and shall impose no duty or obligation on Landlord to confirm that the plans and specifications and/or construction comply with applicable laws, codes, rules, or regulations. At Landlord's request, Tenant shall obtain payment and performance bonds approved by Landlord; (iii) , for any Tenant construction which bonds shall be delivered to Landlord prior to commencement of construction. Upon completion of Tenant's construction, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors, subcontractors and suppliers who performed work or supplied materials along with final lien waivers from such contractors, subcontractors and suppliers. Tenant may, without the consent of Landlord, but at its own cost and expense and in compliance with a good workmanlike manner, erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the construction rules basic character of the Building or improvements and regulations promulgated by Landlord from time to time; without overloading or damaging such Building or improvements, and (iv) in accordance each case, complying with all applicable Laws (including all workgovernmental laws, whether structural or non-structuralordinances, inside or outside the Premises, required to comply fully with all applicable Laws regulations 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. 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 consentAll alterations, all Alterations additions, improvements and partitions erected by Tenant shall upon installation become part of the realty be and be remain the property of LandlordTenant during the term of this Lease and Tenant shall pay all property taxes thereon. Notwithstanding anything to the contrary contained hereinTenant shall, Landlord’s consent shall not be required forunless Landlord otherwise elects as hereinafter provided, nor may Landlord impose conditions onremove all alterations, either cosmetic Alterations or any Alterations not requiring a building permit to be performed additions, improvements and partitions erected by Tenant in and restore the Premises, which do not affect Leased Premises to its original condition by the Building (other than the interior date of termination of this Lease or upon earlier vacating of the Leased Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that Tenant shall provide written notice to if Landlord of same no later than ten (10) business days so elects prior to commencing the Alterations described in termination of this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect Lease or engineer, a copy upon earlier vacating of the construction contractLeased Premises, including such alterations, additions, improvements and partitions shall become the name property of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy Landlord as of the contractor’s license and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. 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 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, Tenant shall deliver to Landlord “as built” plans showing the completed Alterations.
6.3 In connection with all Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of the construction costs thereof.
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 termination or this Lease or upon earlier vacating of the Leased Premises and shall be delivered up to the Landlord with the Leased Premises. All shelves, bins, machinery and trade fixtures installed by Landlord at Tenant may be removed by Tenant prior to the Interest Rate termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Leased Premises if required shall be accomplished in a good workmanlike manner so as not to damage the primary Structure or structural qualities of the buildings and other improvements situated on the Leased Premises (as defined in Section 16.2 - InterestSEE EXHIBIT "C").
6.5 Subject to the provisions of Section 5 -
Appears in 1 contract
Samples: Lease Agreement (Entech Environmental Technologies Inc)
Tenant Improvements and 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. Rider attached hereto as Exhibit C. Except for (i) any Tenant Improvements improvements to be constructed by Tenant as provided in the Construction RiderRider and (ii) non-structural alterations not affecting the Building Systems and costing less than $50,000.00 in the aggregate (for which no Landlord consent shall be required), 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 shall not to be unreasonably withheld, conditioned, conditioned or delayed; provided, however, that it shall in all events be reasonable for Landlord to withhold such consent if the proposed Alterations affect the structure of the Building and/or any of the Building Systems. 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; and (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 by LandlordLandlord (provided that such contractors or sub-contractors priced competitively with others chosen by Tenant); and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by LandlordLandlord prior to the commencement of such Alterations. 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 LandlordLandlord (provided that such contractors or sub-contractors are priced competitively with market rates). 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 of the proposed Alterations 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 to the contrary contained herein, Landlord’s consent shall not be required for, nor may Landlord impose conditions on, either cosmetic Alterations or any Alterations not requiring a building permit to be performed by Tenant in the Premises, which do not affect the Building (other than the interior of the Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that Tenant shall provide written notice to Landlord of same no later than ten (10) business days prior to commencing the Alterations described in this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Alterations, Tenant shall submit to 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 Alterations, and a copy of the contractor’s license and contractor’s liability insurance policy license. Tenant shall reimburse Landlord upon demand for any reasonable expenses incurred by Landlord in connection with coverage limits the same as those required of Tenant under this Lease. Before commencement of 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 (i) obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord, and (ii) give Landlord 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 before commencement of any Alterations, Tenant shall deliver to Landlord “as built” plans showing the completed Alterations.
6.3 In connection with all Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of the construction costs thereof.
6.4 Tenant shall keep the Premises and the Property free and clear of all mechanics’, materialmen’s, contractors’ or other 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 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 - Interest). Tenant shall give Landlord at least ten (10) business days’ notice prior to the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.5 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, without first obtaining approval from Landlord. 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 (Ryland Group Inc)
Tenant Improvements and Alterations. 6.1 Landlord and (a) Intentionally deleted.
(b) 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 shall not be unreasonably withheld, conditioned, 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 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; and (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. 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. Notwithstanding anything to the contrary contained herein, Landlord’s consent shall not be required forto obtain the consent or approval of Landlord for any decorations, nor may Landlord impose conditions onpainting, either cosmetic Alterations plastering, or any Alterations not requiring a building permit to be performed by Tenant in the Premisescarpeting, which do not affect the Building (other than the interior of the Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that but Tenant shall provide written notice be required to Landlord of same no later than ten (10) business days prior to commencing the Alterations described in this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to 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 and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. 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 at least ten (10) days prior written notice thereof.
(c) Tenant shall be required to obtain the prior written approval of Landlord for any alterations or improvements to the Premises which:
(i) are not located wholly within the Premises, the demising walls of the Premises, the entrances to and/or exits from the Premises, or the floor or ceiling of the Premises (unless required to connect the utility systems within the Premises to the utility systems of the Building);
(ii) decrease the value of the Building;
(iii) adversely affect the structural integrity of the Building or the operation of the HVAC, plumbing, electricity, or water and sewer systems of the Building;
(iv) require any roof penetration; or
(v) which are at a cost of $25,000.00 or more.
(d) Any such alterations, additions or improvements shall cooperate with be made at Tenant’s sole cost and expense. In the event Tenant’s alterations, additions or improvements require roof penetration, Tenant shall use Landlord’s roofing contractor or such other contractor as Landlord in posting reasonably approves. Landlord shall have ten (10) days after receiving Xxxxxx’s written notice of proposed work to respond or provide such written consent. Tenant shall provide Landlord copies of any plans and maintaining notices of nonspecifications. Tenant shall deliver to Landlord as-responsibility in connection with the Alterations. Within built plans showing all alterations within thirty (30) days following installation of the completion of any Alterations, alteration. Tenant shall deliver to Landlord “provide such construction insurance as built” plans showing the completed Alterationsmay be reasonably required by Landlord.
6.3 In connection (e) Landlord shall have the right to require Tenant to furnish adequate security to insure timely payment to the contractors and subcontractors for such work. All work performed by the Tenant shall be done in strict compliance with all applicable building, fire, sanitary and safety codes, and other applicable laws, statutes, regulations and ordinances, and Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of secure all necessary permits for the construction costs thereof.
6.4 same. Tenant shall keep the Premises and the Property free and clear of from all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If in connection with any such lien attaches to work. All work performed by 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).
6.5 Subject to the provisions of Section 5 -carried forward expeditiously, shall not
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Tenant Improvements and Alterations. 6.1 Landlord Except as specified in an exhibit attached to this Lease (if any), Tenant accepts the Premises in their as-is condition as of the Commencement Date and Tenant shall perform their respective obligations with respect to design and construction of pay for all tenant improvements, whether the work is performed by Landlord or by Tenant. If any improvements to be constructed and installed in the Premises (or other work on the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed Premises by Tenant as provided causes the need to comply with any Laws in areas outside of the Construction RiderPremises including without limitation the Americans with Disabilities Act or regulations pertaining to earthquake codes, Tenant shall not pay the cost thereof as well. Tenant shall make any alterations, no improvements or changes to alterations on the PremisesPremises of any kind, 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, conditioned, 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 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; and (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. If any initial 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. Notwithstanding anything to the contrary contained herein, Landlord’s consent shall not be required for, nor may Landlord impose conditions on, either cosmetic Alterations or any Alterations not requiring a building permit to be performed by Tenant in the Premises, without the prior written consent of Landlord, which do consent shall not affect be unreasonably withheld. Prior to the Building (other than the interior of the Premises), and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that Tenant shall provide written notice to Landlord of same no later than ten (10) business days prior to commencing the Alterations described in this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. Tenant shall submit to 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 and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. 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 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 Alterationswork by Tenant, Tenant shall deliver first submit the following to Landlord “as built” plans showing the completed Alterations.
6.3 In connection with and obtain Landlord’s written consent to all Tenant Improvements and Alterations, Landlord shall be entitled to a construction coordination fee equal to two percent (2%) of the construction costs thereof.
6.4 Tenant following which consent shall keep the Premises not be unreasonably withheld: Tenant’s plans and specifications; Tenant’s estimated costs; and the Property free and clear names of all liens arising out of any work performedTenant’s contractors and subcontractors. Landlord to approve, materials furnished or obligations incurred by Tenantprovide Tenant Improvement comments back to Tenant within 20 days after submittal. If any Landlord is to perform some or all of 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 thereofwork, Landlord shall have the right but not to require Tenant to pay for the obligation to cause cost of the same work in advance or in periodic installments. If the work is to be releasedperformed by Tenant, Landlord shall have the right to require Tenant to furnish adequate security to assure timely payment to the contractors and subcontractors for such work. All work performed by Tenant shall be done in strict compliance with all applicable building, fire, sanitary, and safety codes, and other applicable laws, statutes, regulations, and ordinances, and Tenant shall secure all necessary permits for the same. Tenant shall keep the Premises free from all liens in connection with any sums expended such work. All work performed by Landlord (plus the Tenant shall be carried forward expeditiously, shall not interfere with Landlord’s administrative costs) in connection therewith work or the work to be performed by or for other tenants, and shall be payable completed within a reasonable time. Landlord or Landlord’s agents shall have the right at all reasonable times to inspect the quality and progress of such work. All improvements, alterations and other work performed on the Premises by either Landlord or Tenant shall be the property of Landlord when installed, except for Tenant’s trade fixtures, and may not be removed at the expiration of this Lease unless the applicable Landlord’s consent specifically provides otherwise. Notwithstanding Landlord’s consent to improvements 9 | 1000 WALL LEASE AGREEMENT or alterations by Tenant, all such improvement, alteration or other work to be performed by Tenant on demand with interest thereon from shall be at the sole cost and expense of Tenant. Tenant shall give Landlord not less than five (5) business days advance written notice of the date on which any construction will commence so as to give Landlord the opportunity to post a notice of expenditure by Landlord at the Interest Rate (as defined in Section 16.2 - Interest)non-responsibility.
6.5 Subject to the provisions of Section 5 -
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Tenant Improvements and Alterations. 6.1 11.1 Landlord and Tenant shall perform their respective obligations with respect agree to design and the construction of any tenant improvements to be constructed in and installed in for 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 shall not be unreasonably withheld, conditioned, 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 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; and (iv) in accordance with all applicable Laws the terms and conditions set forth in Exhibit D (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"Tenant Improvements"); 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 .
11.2 Following the completion of the Alterations prior to or upon expiration or termination of the TermTenant Improvements described in Section 11.1, as designated by Landlord. If any work outside the Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review Tenant may place partitions and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) fixtures and may make improvements and other aspects of construction work proposed by Tenant is intended solely alterations 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 to the contrary contained herein, Landlord’s consent shall not be required for, nor may Landlord impose conditions on, either cosmetic Alterations or any Alterations not requiring a building permit to be performed by Tenant in the Premises, which do not affect the Building (other than the interior of the Premises)Premises at Tenant's expense, and the cost of which does not exceed Ten Thousand Dollars ($10,000) in the aggregate; provided, however, that Tenant shall provide written notice not be permitted to Landlord do any structural work or work that affects the structural integrity of same no later than ten (10) business days the Building; and further provided, however, that prior to commencing the Alterations described in this sentence.
6.2 Before making any Alterations requiring Landlord’s consent. such work, Tenant shall submit first obtain the written consent of Landlord to the proposed work, by submitting to Landlord for Landlord’s prior approval reasonably detailed final 's approval
(a) complete plans and specifications prepared by a licensed for the proposed work (which consent shall not be unreasonably withheld, conditioned or delayed); (b) the proposed architect and/or contractor(s) for such alterations and/or improvements; (c) the materials used in connection with such alterations, including, without limitation, paint, carpeting, wall or engineer, a copy window coverings and the use of the construction contract, including the name carpet glues and other chemicals for installation of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license and contractor’s liability insurance policy with coverage limits the same as those required of Tenant under this Lease. Before commencement of any Alterations Tenant shall (i) obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord, such materials; and (iid) give evidence of Tenant's financial ability to complete the construction. Such submissions to Landlord shall be made at least ten (10) days prior written notice to the commencement of any construction in the Premises. Landlord may require that the work be done by Landlord's own employees, its construction contractors, or under Landlord's direction, but at the expense of Tenant; and shall cooperate with Landlord may, as a condition to consenting to such work, require that Tenant provide financial security adequate in posting Landlord's judgment so that the improvements or other alterations to the Premises will be completed in a good, workmanlike and maintaining notices lien free manner. Landlord may also require that any work done to the interior of non-responsibility the Premises be subject to the supervision of Landlord or its designee. All such improvements or alterations must conform to and be in connection substantial accordance in quality and appearance with the Alterationsquality and appearance of improvements in a first-class, Class A, institutional grade office building. Within thirty (30) days following All such improvements shall be the completion property of Landlord. In the event Landlord consents to the use by Tenant of its own architect and/or contractor for the installation of any Alterationssuch alterations or improvements, prior to the commencement of such work, Tenant shall deliver provide Landlord with evidence that Tenant's contractor has procured worker's compensation, liability and property damage insurance (naming Landlord as an additional insured) in a form and in an amount reasonably approved by Landlord, and evidence that Tenant's architect and/or contractor has procured the necessary permits, certificates and approvals from the appropriate governmental authorities. Tenant acknowledges and agrees that any review by Landlord of Tenant's plans and specifications and/or right of approval exercised by Landlord with respect to Landlord “as built” plans showing the completed Alterations.
6.3 In connection with all Tenant Improvements Tenant's architect and/or contractor is for Landlord's benefit only and Alterations, Landlord shall not, by virtue of such review or right of approval, be entitled deemed to a construction coordination fee equal make any representation, warranty or acknowledgment to two percent (2%) of the construction costs thereof.
6.4 Tenant shall keep the Premises and the Property free and clear of all liens arising out of or to any work performed, materials furnished other person or obligations incurred by Tenant. If any such lien attaches entity as to the Premises adequacy of Tenant's plans and specifications 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).
6.5 Subject to the provisions ability, capability or reputation of Section 5 -Tenant's architect and/or contractor.
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