Tenant Improvements and Alterations. (a) Intentionally deleted. (b) Tenant shall not be required to obtain the consent or approval of Landlord for any decorations, painting, plastering, or carpeting, but Tenant shall be required to 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 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 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 specifications. Tenant shall deliver to Landlord as-built plans showing all alterations within thirty (30) days following installation of the alteration. Tenant shall provide such construction insurance as may be reasonably required by Landlord. (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 shall secure all necessary permits for the same. Tenant shall keep the Premises free from all liens in connection with any such work. All work performed by the Tenant shall be carried forward expeditiously, shall not
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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 (athe “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) Intentionally deleted.
with due diligence, in a good and workmanlike manner, using new materials; (bii) 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 obtain be performed by Tenant in the consent or approval 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 decorations, painting, plastering, or carpeting, but Alterations Tenant shall be required (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.
(c) 6.4 Tenant shall be required to obtain keep the prior written approval Premises and the Property free and clear of Landlord for all liens arising out of any alterations work performed, materials furnished or improvements obligations incurred by Tenant. If any such lien attaches 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 Property, and Tenant does not cause the same to be released by payment, bonding or ceiling of the Premises (unless required to connect the utility systems otherwise 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 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 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 specifications. Tenant shall deliver to Landlord as-built plans showing all alterations within thirty (30) days following installation of the alteration. Tenant shall provide such construction insurance as may be reasonably required by Landlord.
(e) attachment thereof, Landlord shall have the right but not the obligation to require 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 to furnish adequate security to insure timely payment 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 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 shall secure all necessary permits for the same. Tenant shall keep the Premises free from all liens in connection with any such work. All work performed by the Tenant shall be carried forward expeditiously, shall notprovisions 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 as provided in the Construction Rider attached hereto as Exhibit C. Except for (ai) Intentionally deleted.
any improvements to be constructed by Tenant as provided in the Construction Rider and (bii) 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 (“Alterations“), without Landlord’s prior written consent, not to be unreasonably withheld, 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; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to obtain comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all 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 Landlord (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 Landlord 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 Landlord (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 approval construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability 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.
6.2 Before making any Alterations, Tenant shall submit to Landlord for any decorationsLandlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, paintinga copy of the construction contract, plasteringincluding the name of the contractor and all subcontractors proposed by Tenant to make the Alterations, or carpeting, but and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any reasonable expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations.
6.3 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 required 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) days business days’ notice prior written notice thereofto the commencement of any Alterations and cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures (c“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 be required to obtain the prior written approval of Landlord for promptly repair any alterations or improvements damage 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 Building caused by any installation or ceiling removal 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 moresuch Trade Fixtures.
(d) Any such alterations, additions or improvements shall 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 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 specifications. Tenant shall deliver to Landlord as-built plans showing all alterations within thirty (30) days following installation of the alteration. Tenant shall provide such construction insurance as may be reasonably required by Landlord.
(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 shall secure all necessary permits for the same. Tenant shall keep the Premises free from all liens in connection with any such work. All work performed by the Tenant shall be carried forward expeditiously, shall not
Appears in 1 contract
Samples: Lease Agreement (Ryland Group Inc)
Tenant Improvements and Alterations. (a) Intentionally deleted.
(b) Tenant shall not be required to obtain the consent or approval of Landlord for any decorations, painting, plastering, or carpeting, but Tenant shall be required to 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 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 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 specifications. Tenant shall deliver to Landlord as-built plans showing all alterations within thirty (30) days following installation of the alteration. Tenant shall provide such construction insurance as may be reasonably required by Landlord.
(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 shall secure all necessary permits for the same. Tenant shall keep the Premises free from all liens in connection with any such work. All work performed by the Tenant shall be carried forward expeditiously, shall notnot interfere with Landlord’s work or the work to be performed by or for other tenants, and shall be 9044.051 Five Oaks Flex Lease to Credence Lot 3 v2 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.
(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 part of Landlord, nor shall such review or approval evidence or constitute a representation or warranty by Landlord with respect to the action 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 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 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.
Appears in 1 contract
Tenant Improvements and Alterations. 11.1 Landlord and Tenant agree to the construction of tenant improvements in and for the Premises in accordance with the terms and conditions set forth in Exhibit D (a) Intentionally deletedthe "Tenant Improvements").
(b) 11.2 Following the completion of the Tenant Improvements described in Section 11.1, Tenant may place partitions and fixtures and may make improvements and other alterations to the interior of the Premises at Tenant's expense, provided, however, that Tenant shall not be required permitted to do any structural work or work that affects the structural integrity of the Building; and further provided, however, that prior to commencing any such work, Tenant shall first obtain the written consent or approval of Landlord to the proposed work, by submitting to Landlord for any decorationsLandlord's approval
(a) complete plans and specifications for the proposed work (which consent shall not be unreasonably withheld, paintingconditioned 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, plasteringincluding, or without limitation, paint, carpeting, but Tenant wall or window coverings and the use of carpet glues and other chemicals for installation of such materials; and (d) evidence of Tenant's financial ability to complete the construction. Such submissions to Landlord shall be required to give Landlord made at least ten (10) days prior written notice thereof.
(c) 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 Landlord may, as a condition to consenting to such work, require that Tenant shall be required to obtain provide financial security adequate in Landlord's judgment so that the prior written approval of Landlord for any improvements or other alterations or improvements to the Premises which:
(i) are not located wholly within will be completed in a good, workmanlike and lien free manner. Landlord may also require that any work done to the Premises, the demising walls of the Premises, the entrances to and/or exits from the Premises, or the floor or ceiling interior of the Premises (unless required to connect the utility systems within the Premises be subject to the utility systems supervision of Landlord or its designee. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the Building);
(ii) decrease the value quality and appearance of the Building;
(iii) adversely affect the structural integrity of the Building or the operation of the HVACimprovements in a first-class, plumbingClass A, 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 institutional grade office building. All such alterations, additions or improvements shall be made at Tenant’s sole cost and expensethe property of Landlord. In the event Tenant’s alterationsLandlord consents to the use by Tenant of its own architect and/or contractor for the installation of any such alterations or improvements, additions or improvements require roof penetrationprior to the commencement of such work, Tenant shall use Landlord’s roofing contractor or such other contractor as Landlord 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 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 any Tenant's plans and specifications. Tenant shall deliver specifications and/or right of approval exercised by Landlord with respect to Landlord as-built plans showing all alterations within thirty (30) days following installation of the alteration. Tenant shall provide such construction insurance as may be reasonably required by Tenant's architect and/or contractor is for Landlord.
(e) 's benefit only and Landlord shall have the not, by virtue of such review or right of approval, be deemed to require make any representation, warranty or acknowledgment to Tenant or to furnish adequate security to insure timely payment any other person or entity as to the contractors adequacy of Tenant's plans and subcontractors for such work. All work performed by specifications or as to the Tenant shall be done in strict compliance with all applicable buildingability, 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 such work. All work performed by the Tenant shall be carried forward expeditiously, shall notcapability or reputation of Tenant's architect and/or contractor.
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