Common use of Tenant Improvements Clause in Contracts

Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.

Appears in 4 contracts

Samples: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)

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Tenant Improvements. A. At any time during Subject to the lease termterms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation Improvements”) of the Building for Leased Premises in accordance with the uses allowed under conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, all Tenant agrees that Landlord shall be entitled to be selected by Tenant select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as specified defined in the plans Work Letter and specifications shall entitle Landlord to be delivered all remedies provided herein for breach of this Lease. Prior to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Workthe Possession Date, Tenant shall apply fornot enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, diligently pursueat Tenant's expense, shall obtain and deliver maintain any and all necessary permits and licenses to Landlord a conditional or unconditional certificate enable Tenant to conduct Tenant’s Permitted Use, and the failure of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to maintain same shall not in any manner affect the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction Tenant’s obligations under this Leasehereunder. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder Landlord shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, maysolely responsible, at its sole cost and expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and for obtaining all permits as are required under such governmental regulationsand approvals related to the Tenant Improvements.

Appears in 3 contracts

Samples: Commercial Lease, Commercial Lease, Commercial Lease

Tenant Improvements. A. At any time during Landlord shall, at Landlord’s sole cost, insure that all systems, such as electrical, plumbing, and HVAC, shall be in good operating condition upon the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation commencement of the Building for Lease Term. Landlord shall also be responsible, at Landlord’s cost, to repair all existing roof leaks and remove existing mold or mildew resulting from such leaks (“Landlord’s Work”). Landlord shall engage Xxxxxxx Group Services, or a similar company that provides occupational health, safety and environmental risk information to perform an environmental assessment of the uses allowed under this Leasemold and mildew included in Landlord’s Work (the “Air Quality Assessment”). Landlord shall not perform Landlord’s Work until the Air Quality Assessment has been performed and suggested remediation, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be if any, has been delivered to Landlord from time and Tenant. All fees and permits necessary for Landlord’s Work (including but not limited to time electrical, mechanical, and fire and life safety equipment) will be at Landlord’s expense. Any fees and permits necessary for Tenant’s installation of Tenant’s equipment, furniture and fixtures ("Tenant's Work"). Tenant's Work including but not limited to electrical, mechanical, crane, racking, emissions, effluent, and fire and life safety equipment) shall be performed in a good Tenant’s sole responsibility and workmanlike manner and in compliance with all applicable lawscost. B. Upon completion (a) Landlord hereby appoints Xxxxxx Xxxxxxxx-Xxxx as Landlord’s representative to act for Landlord in all construction matters. Tenant hereby appoints Xxx Xxxxxxx as Tenant’s representative to act for Tenant in all construction matters. All inquiries, requests, instructions, authorizations and other communications with respect to construction matters shall be related to Landlord’s representative or Tenant’s representative, as the case may be. Neither party will [ILLEGIBLE] and will not give any instructions or authorizations to, any other employee or agent of Tenant's Workthe other party, Tenant shall apply forincluding the other party’s architects, diligently pursueengineers, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, contractors or any other permits of their agents or approvals as may be required employees, with regard to matters covered by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Either Landlord or Tenant shall take may change its representative at any corrective action, as required time by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, written notice to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsother.

Appears in 3 contracts

Samples: Lease Agreement (Endologix Inc /De/), Lease Agreement (TriVascular Technologies, Inc.), Lease Agreement (TriVascular Technologies, Inc.)

Tenant Improvements. A. At Lessor consents to (but does not require) Lessee’s completion of certain capital improvements to be made in, on or to the Premises (the “Improvements”), subject, however, to the requirements of, and any time changes required by any governmental authority having jurisdiction over the Premises, including, but not limited to, local building and planning officials and authorities (collectively, the “Governmental Authorities”). The Improvements shall be coordinated and performed solely by Lessee on a lien free basis, using new materials and Contractors (as defined below), reasonably acceptable to Lessor. The Improvements, and all plans and specifications therefor, shall comply with applicable building and construction codes, zoning ordinances, ADA requirements, and other applicable laws, statutes, codes and regulations. Lessee shall be solely responsible for obtaining all permits, variances, and approvals (including site plan approvals) related to the performance of the Improvements and required by any Governmental Authority. In that regard, all applications and other submissions to any Government Authorities (including, but not limited to, plans and specifications) must be submitted to Lessor for its review and reasonable approval prior to submission to the Governmental Authority. Lessor reserves the right to revoke its consent to all or a portion of the Improvements if, after giving consent, any license, permit or variance obtained by Lessee in connection with the Improvements materially alters the nature of the Premises or diminishes its value, in Lessor’s reasonable and good faith discretion. Lessee is also solely responsible, at its cost, for obtaining written approval of the plans and specification for the Improvements (as well as approval for the Improvements themselves) from any private association or board having jurisdiction over the Premises, and for ensuring full compliance with, and obtaining any variances necessary under, the documents pursuant to which any such association or board is organized or operates. Lessee shall not commence construction of the Improvements until all of the approvals, permits, ordinances and other requirements contemplated above have been issued, complied with and approved by Lessor. Prior to the commencement of the Improvements, Lessee shall have in effect (and deliver to Lessor written evidence thereof that is reasonably satisfactory to Lessor), or, as appropriate, cause its general Contractor to have in effect, those insurance coverages (in addition to any other coverages required of Lessee under the Original Lease) that Lessor reasonably deems necessary for the protection of the Premises and Lessor during the lease termperformance of the Improvements. Lessee shall also be solely responsible for obtaining a final certificate of occupancy (or substantively comparable document from Governmental Authorities) for the Improvements, Tenant may equip and shall observe and comply with all applicable provisions of the California Construction Lien Act. THIS SECTION 8 CONSTITUTES NOTICE TO ALL CONTRACTORS, SUBCONTRACTORS, SUPPLIERS AND LABORERS INVOLVED IN THE IMPROVEMENTS THAT ANY CONSTRUCTION LIEN ARISING FROM OR RELATED TO THE IMPROVEMENTS WILL NOT ATTACH TO LESSOR’S INTEREST IN THE PREMISES. Notwithstanding the above language or any limitations set forth in Section 8. Lessor acknowledges and agrees that Lessee’s changes to the Premises through work performed by licensed contractors to increase the electrical current and output to the back of the Building by approximately 2,000 amps shall constitute Improvements within the meaning of this Section and shall be eligible for, and subject to, the Lessee Improvement Allowance identified below. Lessor shall provide Lessee with fixtures an allowance for the performance of the Improvements in a maximum aggregate amount not to exceed the sum of One Hundred Fifty Thousand One Hundred Fifty Dollars ($150,150.00), which is fifty cents (50¢) per rentable square foot of the Premises (the “Lessee Improvement Allowance”) to be used to reimburse Lessee for the hard and personal property necessary soft costs incurred by Lessee to perform (or appropriatecause to be performed) the Improvements. All Improvements must be performed in accordance with the terms and conditions set forth in the Original Lease (including, as determined in Tenant's reasonable discretionbut not limited to, Sections 7.3 and 7.4) and shall be deemed Alterations for all purposes under the Lease. Provided that no Default is then existing, the Lessee Improvement Allowance shall be paid by Lessor to Lessee, from time to time, after December 1, 2018 (but not more often than monthly), to reimburse Lessee for the costs and expenses it incurs to perform the Improvements. Lessor shall pay such reimbursements within twenty (20) days after Lessor’s receipt of written invoices (“Invoices”) evidencing the actual, out-of-pocket hard and soft costs incurred by Lessee, together with conditional waivers of mechanics liens and/or materialman’s liens, executed by all of the contractors, subcontractors, vendors and suppliers (collectively, “Contractors”) that provided those goods, or furnished those services, for the operation Improvements that are the subject of the Building current request for a disbursement of a portion of the Lessee Improvement Allowance, together with proof of payment and final lien waivers from all Contractors that provided those goods, or furnished those services, for the uses allowed Improvements that were the subject of the immediately preceding disbursement of the Lessee Improvement Allowance to Lessee. Lessee shall have until July 31, 2024 (the “Cut Off Date”) to submit Invoices for payment from the Lessee Improvement Allowance. To the extent there is any remaining Lessee Improvement Allowance remaining after the Cut Off Date, such remaining amount of the Lessee Improvement Allowance shall be deemed automatically forfeited by Lessee. Lessee shall have the right to utilize the Lessee Improvement Allowance only for the performance of the Improvements; and Lessee shall not have the right to apply any portion of the Lessee Improvement Allowance to the satisfaction of Lessee’s monetary obligations to Lessor under this the Lease. As a condition to the disbursement of the final installment of the Lessee Improvement Allowance, Lessee shall be required to deliver to Lessor: (i) final lien waivers from all Contractors (if and to the extent that such final lien waivers have not yet been delivered to Lessor with respect to the entirety of the services or goods to be selected provided by Tenant in each Contractor, respectively, for the performance of the Improvements); (ii) a final general Contractor’s sworn statement, (iii) a certificate of completion for the Improvements signed by Lessee’s general Contractor, (iv) a final certificate of occupancy for the Improvements, and (v) as-built drawings of the Building, reflecting all Improvements and prepared by a duly-licensed engineer. Lessee hereby indemnifies, defends and holds Lessor, its reasonable discretion partners and the partners, members, officers, directors, shareholders, employees, agents and representatives of Lessor and its partners (collectively, the “Lessor Indemnified Parties”) from and against any and all liabilities, obligations, causes of action, actual damages, losses, costs and expenses, including, but not limited to legal fees and court costs (collectively, “Losses”) that any or all of the Lessor Indemnified Parties suffers or incurs due to, as specified in a result of, or because of, the plans performance of the Improvements; provided, however, that the foregoing indemnity shall not apply to any Losses that are suffered or incurred due to, or as a result of, any willful or intentional acts of omissions of any of the Lessor Indemnified Parties. Lessee shall furnish to Lessor such information and specifications to be delivered to Landlord evidence as Lessor may reasonably request from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good to enable Lessor to monitor completion of the Improvements and workmanlike manner and in determine Lessee’s compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision provisions of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsSection 8.

Appears in 3 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Karat Packaging Inc.), Standard Industrial/Commercial Single Tenant Lease Gross (Karat Packaging Inc.), Standard Industrial/Commercial Single Tenant Lease Gross (Karat Packaging Inc.)

Tenant Improvements. A. At Tenant shall not make or allow to be made any time during structural alterations or physical additions in or to the lease termLeased Premises (“Tenant Alterations”) without complying with all Legal Requirements and without first obtaining the written consent of Landlord. Consent may be conditioned upon review and approval of plans and specifications and monitoring of construction by Landlord, Tenant may equip the Building with fixtures and personal property necessary Landlord’s consultants or appropriate, as determined in Tenant's reasonable discretion, for the operation any manufacturer providing any original components of the Building Leased Premises. Landlord’s review of Tenant’s plans and specifications and monitoring of construction shall be solely for the uses allowed under this Lease, all Landlord’s benefit and shall impose no duty or obligation on Landlord to be selected by Tenant in its reasonable discretion and all as specified in confirm that the plans and specifications and/or construction comply with any Legal Requirements. Any Tenant Alterations shall be made or performed at Tenant’s sole cost and expense by a contractor or contractors acceptable to Landlord and in a good, workmanlike and lien free manner. All Tenant Alterations are the property of Landlord and must be surrendered to Landlord upon the termination of this Lease without credit to Tenant; provided, however, Landlord, at its option, at the time Landlord’s consent is granted, may designate in writing to Tenant that Tenant remove certain Tenant Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal to be delivered borne by Tenant. This clause does not apply to Landlord from time moveable equipment, fixtures or furniture owned by Tenant, which may be removed by Tenant at the end of the Term, provided such removal can he accomplished without material damage to time ("Tenant's Work")the Leased Premises. Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Workany Tenant Alterations, Tenant shall apply forprovide Landlord with “as built plans” (on CAD form), diligently pursue, obtain copies of all construction contracts and deliver proof of payment for all labor and materials (including lien waivers). To defer the cost to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of associated with Tenant Alterations and confirming that such improvements are in accordance with the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision terms of this Lease to the contraryand comply with all Legal Requirements, until 10 Tenant shall reimburse Landlord within thirty (30) days after such certificatesnotice and supporting documentation, permits C. as Additional Rent, any sums expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Tenant Alterations. Tenant, in its discretion, may, at its sole expenseown cost and expense and without Landlord’s prior approval, as part may erect such shelves, machinery and trade fixtures (collectively “Trade Fixtures”) in the ordinary course of Tenant's Workits business provided that such items do not alter the basic character of the Leased Premises, erect interior do not overload or damage the Leased Premises, may be removed without injury to the Leased Premises, and exterior signsthe construction, erection, and installation thereof complies with all Legal Requirements and with Landlord’s requirements set forth above. Upon expiration or earlier termination or this Lease, Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances remove its Trade Fixtures and other applicable governmental regulations. All sign construction shall be in accordance with repair any damage caused by such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsremoval.

Appears in 2 contracts

Samples: Commercial Lease (Oxford Immunotec Global PLC), Commercial Lease (Oxford Immunotec Global PLC)

Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permitspermits or approvals have been obtained, and Landlord shall take such action as is appropriate to promptly correct any such noncompliance. C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.with

Appears in 2 contracts

Samples: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)

Tenant Improvements. A. At Tenant shall not make or allow to be made any time during alterations or physical additions in or to the lease termLeased Premises ("Tenant Alterations") without complying with all Legal Requirements and without first obtaining the written consent of Landlord, Tenant which consent shall not be unreasonably withheld, conditioned or delayed Consent may equip the Building with fixtures be conditioned upon review and personal property necessary or appropriate, as determined in approval of plans and specifications and monitoring of construction by Landlord. Landlord's review of Tenant's reasonable discretion, plans and specifications and monitoring of construction shall be solely for the operation of the Building for the uses allowed under this Lease, all Landlord's benefit and shall impose no duty or obligation on Landlord to be selected by Tenant in its reasonable discretion and all as specified in confirm that the plans and specifications and/or construction comply with any Legal Requirements. Any Tenant Alterations shall be made or performed at Tenant's sole cost and expense by a contractor or contractors acceptable to Landlord and in a good, workmanlike and lien free manner. All Tenant Alterations are the property of Landlord and must be surrendered to Landlord upon the termination of this Lease without credit to Tenant; provided, however, Landlord, at its option, may require Tenant to remove any Tenant Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal to be borne by Tenant, provided notice of such requirement is delivered to Tenant at the time consent for the Tenant Alterations is given. This clause does not apply to moveable equipment or furniture owned by Tenant, which may be removed by Tenant at the end of the Term if no Event of Default then exists and if such equipment and furniture are not then subject to any other rights, liens and interest of Landlord from time and such removal can be accomplished without material damage to time ("Tenant's Work")the Leased Premises. Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Workany Tenant Alterations, Tenant shall apply forprovide Landlord with "as built plans" (on CADD form), diligently pursue, obtain copies of all construction contracts and deliver proof of payment for all labor and materials (including lien waivers). To defer the cost to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of associated with Tenant Alterations and confirming that such improvements are in accordance with the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision terms of this Lease to and comply with all Legal Requirements, Tenant shall reimburse Landlord upon demand, as Additional Rent, any sums expended by Landlord for third party examination of the contraryarchitectural, until 10 days after such certificatesmechanical, permits C. electrical and plumbing plans for any Tenant Alterations. Tenant, in its discretion, may, at its sole expenseown cost and expense and without Landlord's prior approval, as part may erect such shelves, bins, machinery and trade fixtures (collectively "Trade Fixtures") in the ordinary course of Tenantits business provided that such items do not alter the basic character of the Leased Premises, do not overload or damage the Leased Premises, may be removed without injury to the Leased Premises, and the construction, erection, and installation thereof complies with all Legal Requirements and with Landlord's Workrequirements set forth above. Upon expiration or earlier termination or this Lease, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances remove its Trade Fixtures and other applicable governmental regulations. All sign construction shall be in accordance with repair any damage caused by such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsremoval.

Appears in 2 contracts

Samples: Commercial Lease (INX Inc), Standard Commercial Lease (I Sector Corp)

Tenant Improvements. A. At any time during Landlord will be responsible for designing and constructing Tenant Improvements required by and agreed to in writing by Tenant using the lease termTenant Improvement Allowance. Landlord shall be responsible for applying for and obtaining all permits, Tenant may equip the Building with fixtures licenses and personal property certificates (including zoning approvals) necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation construction of the Building for the uses allowed under this Lease, Tenant Improvements. Landlord represents that all to Tenant Improvements will be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable local, state and federal laws. B. Upon completion of Tenant's Work, rules, orders, regulations and codes including, without limitation, the Americans with Disabilities Act. Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as Improvement Allowance may be required by applicable laws used to pay for occupancy of any Tenant Improvements to prepare the Premises for Tenant’s occupancy, and any other expenses associated with Tenant’s relocation to the purposes contemplated premises including, without limitation, design and construction of the Rentable Area, cabling and other installation of information technology equipment and capabilities, and purchase and installation of furniture and fixtures. Any costs and expenses for Tenant Improvements in excess of the Tenant Improvement Allowance (“Excess Tenant Improvement Costs”) shall be the responsibility of the Tenant. In the event that the Tenant Improvement Allowance is insufficient to fully cover the cost of the Tenant Improvements required by and agreed to by Tenant, Landlord shall so advise Tenant at the earliest possible opportunity and obtain Tenant’s approval prior to initiating any Tenant Improvements the cost of which will be fully or partially Excess Tenant Improvement Costs. Prior to the Commencement Date of this Lease, Landlord and Tenant shall agree whether any Excess Tenant Improvement Costs shall be paid to Landlord by an adjustment to the Base Rent Rate, or whether Tenant shall pay the Excess Tenant Improvement Costs to Landlord immediately in a lump sum. In the absence of any such agreement between Landlord and Tenant, all Excess Tenant Improvement Costs shall be paid by Tenant to Landlord within 30 days following the Commencement Date of this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the The failure to obtain pay any such certificates, permits or approvals is attributable to any failure by Excess Tenant to meet its construction obligations Improvement Costs when due shall be a Default under the Terms of this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.

Appears in 2 contracts

Samples: Lease Agreement (Medpace Holdings, Inc.), Lease Agreement (Medpace Holdings, Inc.)

Tenant Improvements. A. At any time during On or before the lease termSublease Commencement Date, Tenant may equip Sublandlord shall complete the Building with fixtures alterations and personal property necessary improvements to the Hangar and fuel farm described in the plans, specifications and other documents collectively attached hereto as Exhibit “D” and made a part hereof (“Sublandlord’s Work”). Sublandlord agrees that: (a) Sublandlord shall prepare or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all cause to be selected by Tenant in its reasonable discretion prepared all construction drawings, plans and/or specifications necessary to complete Sublandlord’s Work; (ii) Sublandlord shall obtain all necessary permits, certificates or other governmental approvals for Sublandlord’s Work; (iii) all work, materials and all as specified in the plans equipment incorporated into Sublandlord’s Work will be of good quality, new and specifications to be delivered to Landlord from time to time free of defects; ("Tenant's Work"). Tenant's iv) Sublandlord’s Work shall be performed in a good and workmanlike manner and completed in compliance with all applicable laws. B. , codes, rules and regulations. Upon substantial completion of Tenant's Sublandlord’s Work, Tenant Sublandlord and Subtenant shall apply formutually inspect Sublandlord’s Work and agree on a punch list of cosmetic, diligently pursuefinish or similar minor items or mechanical adjustments that require completion. Sublandlord shall complete such punch list items as promptly as practicable after such inspection. Subtenant shall reimburse Sublandlord for Subtenant’s Prorata Share of all costs incurred by Sublandlord in completing Sublandlord’s Work, obtain including architectural, engineering and deliver to Landlord a conditional or unconditional certificate construction costs, within thirty (30) days after receipt of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulationsSublandlord’s invoice, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsaccompanied by reasonable supporting documentation.

Appears in 2 contracts

Samples: Sublease Agreement (Progressive Corp/Oh/), Sublease Agreement (Progressive Corp/Oh/)

Tenant Improvements. A. At any (a) Following approval of the final Construction Plans by Landlord and Tenant, the Tenant Improvements shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform the Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining reasonable assurances that the contractor shall: (i) perform and complete the work on time during the lease term, Tenant may equip the Building and without unreasonable interference with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building and any other construction occurring in the Building; (ii) comply with all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the uses allowed under this Lease, all Premises; (v) provide a minimum one-year warranty to be selected by Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in its reasonable discretion and all as specified in excess of one year) that the work shall comply with the plans and specifications to and be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable lawslabor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the work; and (ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services with respect to any portion of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements of Landlord and the terms of this Exhibit shall be set forth in the bid documents. The Tenant Improvements shall be performed on the basis of a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), which shall provide that Landlord is a third party beneficiary thereof. B. Upon completion of Tenant's Work(b) Promptly after receiving bids on the Tenant Improvements, Tenant shall apply forsubmit to Landlord the names of the proposed Contractor and all subcontractors which will perform the Tenant Improvements, diligently pursuetogether with the proposed Construction Agreement, obtain final Construction Plans and any General or Special Conditions (“Construction Documents”) for approval by Landlord. (c) Within seven (7) business days after Landlord receives the Construction Documents, Landlord shall either approve the Construction Documents and the proposed Contractor and subcontractors, or notify Tenant in writing in detail of the reasons Landlord does not approve them. Tenant shall promptly correct any matter in the Construction Documents which Landlord does not approve, and shall resubmit the Construction Documents in the same manner until the same are approved by Landlord. (d) Landlord may post statutory notices of non-responsibility for mechanics’ liens conspicuously on the Premises, and Tenant and the Contractor shall cooperate to maintain the posting of such notices. (e) Before the commencement of the Tenant Improvements, Tenant shall deliver to Landlord (i) a conditional or unconditional certificate final copy of occupancythe approved and signed Construction Documents; (ii) copies of all required building permits, approvals and licenses; (iii) certificates of all insurance required of Tenant, the Contractor and subcontractors; and (iv) the estimated amount of any Excess Costs. (f) No material change in the Tenant Improvements, the cost of the Tenant Improvements, or any other permits or approvals as may the Construction Documents shall be required by applicable laws for occupancy made after Landlord’s approval of the Premises for the purposes contemplated Construction Documents except by a written change order signed by Tenant and approved by Landlord (“Change Order”); and in this Lease. any such case, Tenant shall take pay to Landlord any corrective action, as required by inspection reports by increased estimated amount of Excess Costs before the applicable governmental authority, reasonably necessary to obtain commencement of any work under such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this LeaseChange Order. If Tenant is unable to obtain such certificates, permits or approvals due to shall desire any existing noncompliance Change Order after approval of the Building Plans by Landlord, Tenant shall submit a detailed written request or its appurtenances revised Plans to Landlord for approval. If reasonable and practicable and consistent with the Plans theretofore approved, Landlord shall not unreasonably withhold, condition, or delay approval of the Change Order. All costs in connection therewith, including, without limitation, construction costs, permit fees, and preparation or review of any present lawsadditional Plans or other studies or tests, rules or regulationsrevisions of such existing items, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease included in the Tenant Improvement Costs. Notwithstanding anything to the contrary, until 10 days after such certificates, permits C. Tenantcontrary herein, in the event that any applicable governmental authority requires material changes to the Tenant Improvements (“'Required Changes”), (i) the parties shall reasonably consult concerning the nature and cost of such Required Changes, and (ii) all costs in connection with the Required Changes shall be included in the Tenant Improvement Costs. (g) Landlord shall engage CBRE, Inc. or another party of its discretionchoice to coordinate the Tenant Improvements for a coordination fee of one and one-half percent (1-1/2 %) of the actual costs incurred for the work. Such coordination fee is based on Tenant’s Planner, mayBDH+Young, at its sole expenseand/or Tenant’s Contractor, Xxxxxxx Builders, performing customary project management services with respect to the Tenant Improvements. Such coordination fee shall be charged to and paid as part of Tenant's Work, erect interior and exterior signsthe Tenant Improvement Costs. Tenant No additional charges shall be entitled to construct made by Landlord for supervision, parking, utilities, freight elevators, or other Building services during construction; provided that the maximum signage permitted under local sign ordinances construction rules for the Building shall apply and other applicable governmental regulations. All sign construction shall be in accordance complied with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and at all permits as are required under such governmental regulationstimes.

Appears in 2 contracts

Samples: Lease Amending Agreement, Lease Amending Agreement (Winmark Corp)

Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permitspermits or approvals have been obtained, and Landlord shall take such action as is appropriate to promptly correct any such noncompliance. C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.

Appears in 2 contracts

Samples: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)

Tenant Improvements. A. All improvements to the Premises that may be deemed necessary by Tenant from time to time for Tenant’s use or occupancy thereof shall be completed by Tenant, at Tenant’s expense, and shall hereinafter be referred to as “Tenant Improvements.” All Tenant Improvements shall be constructed in a first-class manner and comply with all insurance requirements and with applicable governmental laws, statutes, ordinances, rules, and regulations. Tenant shall be responsible for and shall pay to Landlord, as additional Rent, the entire amount of any real estate taxes attributable to any alterations, improvements, or changes made by Tenant pursuant to this Section. All such alterations, improvements, and changes shall become the property of Landlord upon completion, unless otherwise agreed to in writing by Landlord. Tenant agrees to submit to Landlord plans and specifications governing Tenant Improvements in such detail as Landlord may require, and Tenant agrees not to commence work on any of Tenant Improvements until Landlord has approved such plans and specifications and the selection of the general contractor in writing, which consent shall not be unreasonably withheld. Tenant shall proceed diligently with construction of any Tenant Improvements. At all times during Tenant construction, Landlord and its representatives shall have the right to enter upon the Premises for the purpose of inspecting construction and progress of any time during the lease termTenant Improvements. Upon completion of any Tenant Improvements, Tenant may equip shall provide Landlord with a Certificate from Tenant’s architect certifying that the Building subject Tenant Improvements have been constructed in accordance with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work")approved by Landlord. Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, In the event Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenantprovide any such required certificate, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant Landlord shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulationsengage an architect of its choice to provide such certificate. All sign construction Any fees or expenses incurred by Landlord in securing any such architect’s certificate shall be in accordance with such local sign ordinances deemed additional Rent payable by Tenant to Landlord and applicable governmental regulation. shall be paid by Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsto within seven (7) days of written notice from Landlord.

Appears in 2 contracts

Samples: Commercial Lease (MJ Holdings, Inc.), Commercial Lease (MJ Holdings, Inc.)

Tenant Improvements. A. At As set forth herein during Landlord’s completion of the Premises and thereafter as required herein, Tenant shall complete the Tenant Improvements thereon as set forth on Exhibit C attached hereto and made a part hereof. Provided that no structural changes are involved, Tenant at its expense may alter, improve, furnish, equip, and decorate the Premises as it considers necessary or desirable for its business and the full beneficial use of the Premises. All work shall be done in a proper and workmanlike manner in compliance with applicable laws and building codes. All furnishings, trade fixtures, and equipment belonging to Tenant shall remain the property of Tenant and may at Tenant’s election be removed from the Premises at any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation term of the Building for the uses allowed under this Lease, all to be selected by or at the expiration or termination hereof. However, Landlord and Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Workfurther agree that notwithstanding this provision and/or any other provision contained herein, Tenant shall apply fornot be required to remove the Drive Through Area canopy and may at its election leave attached to and as a part of the Premises, diligently pursueany vaults, obtain and deliver to Landlord a conditional or unconditional certificate of occupancysafes, teller counters, or other built in fixtures or improvements which have been located on the Premises as a part of the Tenant Improvements or otherwise, or which may thereafter be located on or installed in the Premises. If Tenant should elect to remove all or any part of such Tenant Improvements or other permits or approvals as may fixtures from the Premises, then Tenant will be required by applicable laws responsible for occupancy the cost of necessary repair and restoration of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, required as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain a result of such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsremoval.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Ohio Legacy Corp)

Tenant Improvements. A. At Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises (“Tenant Improvements”) shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. All Tenant Improvements shall comply with insurance requirements and with applicable law, ordinances, and regulations, including, without limitation and to the extent applicable, laws and regulations regarding removal or alteration of structural or architectural barriers to handicapped or disabled persons (and Tenant shall construct at its expense any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary alteration required by such laws or appropriateregulations, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to they may be selected by Tenant in its reasonable discretion and all as specified in the amended). All plans and specifications for any Tenant Improvements shall be submitted to Landlord for its approval, such approval shall not be unreasonably withheld, conditioned or delayed, and Landlord may thereafter monitor construction. Landlord may post on and about the Premises notices and give notices that Landlord shall not be liable on account of any damage or claim in connection with such construction, and Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction. Landlord’s right to review plans and specifications and monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules, or regulations. At Landlord’s request, Tenant shall obtain payment and performance bonds for any Tenant Improvements which bonds shall be delivered to Landlord from time prior to time ("Tenant's Work"). Tenant's Work commencement of work on the Tenant Improvements and shall be performed in a good form and workmanlike manner and in compliance with all applicable laws. B. substance satisfactory to Landlord. Upon completion of Tenant's Workany Tenant Improvements, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate sworn statements setting forth the names of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of all contractors and subcontractors who did work on the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain Improvements and final lien waivers from all such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior contractors and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationssubcontractors.

Appears in 1 contract

Samples: Lease Agreement (Powell Industries Inc)

Tenant Improvements. A. At (i) Landlord shall deliver the Premises to Tenant in its then “as-is” condition, without (A) any time during the lease termobligation on Landlord’s part to construct or, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, except for the operation Improvement Allowance (hereinafter defined), pay for any improvements or alterations therein; or (B) any representations or warranties regarding the condition thereof, except as expressly set forth herein. Tenant shall, at Tenant’s sole cost and expense, subject to the application of the Building for Improvement Allowance, construct in the uses allowed under Premises the Tenant Improvements (as defined in the Work Agreement) described in the Work Agreement attached hereto as Exhibit C (the “Work Agreement”), in substantial accordance with the terms and conditions of the Work Agreement. In the event that Landlord and Tenant have not finally agreed upon the scope and details of the Tenant Improvements as of the date of execution of this Lease, all Tenant’s submissions to be selected by Tenant in its reasonable discretion and all as specified in the Landlord of plans and specifications detailing such work shall be subject to Landlord’s written approval in accordance with the Work Agreement, such approval not to be delivered unreasonably withheld, conditioned or delayed, except to the extent that any Tenant Improvements proposed by Tenant involve changes to the base Building or any of the systems therein, in which event Landlord from time to time ("Tenant's Work")may withhold its consent in its sole discretion. Tenant's Work The Tenant Improvements shall be performed subject to Landlord’s prior written approval in a good and workmanlike manner and in compliance accordance with the terms of the Work Agreement, shall comply with all applicable lawsbuilding codes, laws and regulations (including, without limitation, the Americans with Disabilities Act), shall not require any material changes to or modifications of any of the mechanical, electrical, plumbing or other systems of the Building, and shall otherwise be constructed in strict accordance with the terms of the Work Agreement. B. Upon completion (ii) The cost of all design, architectural and engineering work, construction costs, construction supervision, contractor’s overhead and profit, licenses and permits, and all other costs and expenses incurred in connection with the Tenant Improvements shall be at Tenant's Work’s sole cost and expense, Tenant shall apply for, diligently pursue, obtain and deliver subject to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy the application of the Premises for Improvement Allowance as more fully set forth in the purposes contemplated Work Agreement. Landlord shall disburse the Improvement Allowance as provided in this Leasethe Work Agreement. All costs incurred in respect of the Tenant Improvements in excess of the Improvement Allowance shall take any corrective action, as required be paid by inspection reports by Tenant. Any portion of the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure Improvement Allowance not expended by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance within twelve (12) months of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder Effective Date in undertaking the design and construction of the Tenant Improvements shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsretained by Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Smart Online Inc)

Tenant Improvements. A. At any time during the lease term, Tenant may equip only make permanent improvements to the Building Leased Area with fixtures the prior written approval of Landlord. The design and personal property necessary or appropriate, as determined specifications shall be provided and given to Landlord for approval before construction in Tenant's reasonable discretion, order that the design may conform to Landlord’s overall plans for the operation of the Building park. Tenant shall comply with and be responsible for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable lawsrules, regulations and ordinances of all agencies governing such facilities. Tenant, by execution of this Agreement, shall indemnify Landlord of all public and private liability associated with the installation, operation, and maintenance of such improvements as Tenant may make under this lease, except that which is solely caused by the sole negligence of the Landlord. B. Tenant shall not make any other structural alterations or permanent improvements in the Leased Premises without first obtaining Landlord's written consent, such consent shall not be unreasonably withheld. C. Upon completion of any Tenant Improvements, Tenant shall, within a reasonable time thereafter, furnish Landlord, at no charge: (1) a certificate certifying that the Tenant Improvements have been constructed in accordance with the approved plans and specifications and in strict compliance with all laws, rules, ordinance and governmental rules, regulations and orders; (2) one electronic set of as-built drawings covering the Tenant Improvements installed by Tenant in the Leased Premises plus the location and details of installation of all equipment, utility lines, heating, ventilating, air-condition ducts and related matters that make up the Tenant Improvements. Tenant shall keep said drawings current by updating the same in order to reflect thereon any changes or modifications which may be made in or to the Leased Premises. D. All of the Tenant Improvements shall be furnished, supplied, installed and constructed by Tenant at its sole cost and expense. E. Ownership of Tenant Improvements paid for by Tenant shall remain with Tenant over the full term of this Agreement (subject to early termination). F. Title to all Tenant Improvements and fixtures and equipment which cannot be removed without causing structural damage shall at the option of the Landlord vest in Landlord upon termination or expiration of this Agreement. Landlord may require Tenant to remove any or all of its removable furniture, fixtures, equipment or other non-fixed improvements. G. All construction work done, equipment supplied and installed and interior design and decor furnished by Tenant pursuant to this Section shall be at its sole cost and expense, free and clear of liens for labor and material and Tenant shall hold Landlord harmless from any liability in respect thereto. Tenant shall ensure that if any liens are placed on the Leased Premises as a result of actions taken or not taken by Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or (i) immediately remove any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, liens to the extent the failure to obtain full satisfaction of Landlord or (ii) if any such certificates, permits or approvals lien is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made being contested in good faith by Tenant, then Tenant's obligation post a bond satisfactory to pay rent hereunder shall be postponed, notwithstanding any other provision Landlord in the amount of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.lien

Appears in 1 contract

Samples: Campground Lease and Operating Agreement

Tenant Improvements. A. At any time during Tenant shall not have the lease termright or allow others to make additions, alterations, or improvements to the Premises without the prior written consent of Landlord, which consent Landlord shall not unreasonably delay, condition, or deny. In addition to securing Landlord’s prior written consent, Tenant may equip shall also be responsible for securing any necessary permits from the Building relevant government entities in order to make improvements. Nothing set forth in this Lease is intended or shall be interpreted to limit or restrict Landlord’s exercise of its police powers, including with fixtures respect to the consideration and personal property necessary approval of required applications for development and building entitlements. Any and all additions, alterations, and improvements by Tenant shall be made at Tenant’s expense in accordance with the following: (i) such work, including, without limitation, Tenant’s final working drawings, plans, specifications, and choice of contractors, subcontractors, and suppliers shall be subject to the continuing approval of Landlord, which information shall be furnished to Landlord for Landlord’s review and approval before the work is commenced, and any work not acceptable to the appropriate governmental entity or appropriatenot reasonably satisfactory to Landlord shall be promptly replaced at Tenant’s expense; (ii) notwithstanding any failure by Landlord to object to any such work, as determined in Tenant's reasonable discretion, for Landlord shall not be responsible therefor; (iii) such work shall not adversely affect the operation outside appearance and strength of the Building for Premises or the uses allowed under this Leasemechanical, electrical, and plumbing services and equipment thereof; (iv) such work shall not alter, add to, or otherwise change the exterior of the Premises, without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion; (v) such work shall not cause or create a dangerous or hazardous condition and shall not interfere with or disturb peace of the general public; (vi) Tenant shall cause all such work to be selected by Tenant performed in its reasonable discretion and all such a manner as specified in not to obstruct the plans and specifications access to be delivered to Landlord from time to time the Premises; ("Tenant's Work"). Tenant's Work vii) such work shall be performed done in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion legal requirements and shall be diligently prosecuted to completion; (viii) Tenant’s contractor or each of Tenant's Work, its subcontractors shall be bonded with sureties satisfactory to Landlord in an amount sufficient to ensure full performance of the work to be done by Tenant and to ensure full payment to materialmen; (ix) Tenant and its contractor and subcontractors shall carry such worker’s compensation general liability and personal and property damage insurance as Landlord may reasonably require; (x) such insurance shall be adequate to protect Landlord and shall name Landlord as an additional insured; (xi) Tenant shall apply fordefend, diligently pursueindemnify, obtain and deliver to hold harmless Landlord a conditional or unconditional certificate of occupancyand its elected and appointed officials, or any other permits or approvals as may be required by applicable laws for occupancy officers, directors, employees, and agents (all of the Premises foregoing being hereinafter collectively referred to as the “Indemnitees”) from and against any and all claims, actions, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) directly or indirectly arising out of or incurred in connection with, and any and all claims, demands, suits, actions for the purposes contemplated or in this Lease. Tenant shall take any corrective actionrelation to, as required by inspection reports by the applicable governmental authoritywages or cost of materials or equipment used in connection with, reasonably necessary additions, alterations and improvements made or caused to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations be made by Tenant; and (xii) Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notice that may be provided by law which Landlord may deem necessary or advisable for the protection of Landlord and the Premises from mechanics’ lien or stop notice claims. The restrictions contained in this Section 9.02 with respect to Tenant’s contractors, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainsubcontractors, and Landlord suppliers shall cooperate apply regardless whether such persons or entities are employees or agents of, or otherwise affiliated with Tenant's applications therefor, any and all permits as are required under such governmental regulations.

Appears in 1 contract

Samples: Lease Agreement

Tenant Improvements. A. At Tenant shall not, without the prior written consent of Landlord, make any time during alterations, improvements or additions to the lease term, Tenant Premises (hereinafter referred to as a "Change"). If Landlord consents to a Change it may equip the Building impose such conditions with fixtures and personal property necessary or respect thereto as Landlord deems appropriate, as determined in Tenant's reasonable discretionincluding without limitation, requiring Tenant to furnish Landlord security for the operation payment of the Building for the uses allowed under this Lease, all costs to be selected by Tenant incurred in its reasonable discretion connection with the Change, insurance against liabilities which may arise out of such work and all as specified in the plans and specifications together with all necessary permits for such Change. The work necessary to make the Change shall be delivered to Landlord from time to time ("done at Tenant's Work"). Tenant's Work expense by employees or contractors hired by Landlord except to the extent that Landlord may agree otherwise, and shall be performed in a good and workmanlike such manner and in compliance at such times as Landlord shall direct to minimize disturbance to other tenants. Tenant shall promptly pay, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the cost of such Work (such percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all expenses arising from Landlord's involvement with all applicable laws. B. such work. Upon completion of Tenant's Worksuch work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional Landlord, if payment is made directly to contractors, evidence of payment, contractors affidavits and full and final waivers of all liens for labor, services or unconditional certificate of occupancy, or any other permits or approvals materials (in the form attached hereto as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this LeaseExhibit E). Tenant shall take any corrective actionindemnify, as required by inspection reports by defend and hold harmless Landlord and the applicable governmental authorityBuilding from all costs, reasonably necessary damages and liens and expenses related to obtain such certificates, permits or approvals, to the extent the failure to obtain work. In connection with such certificates, permits or approvals is attributable to any failure work Tenant shall never be deemed an agent of Landlord. All work done by Tenant or Tenant's contractors shall be done in a first class workmanlike manner using only good grades of materials and shall comply with all union and insurance requirements and all Conditions. Any Change shall (without compensation to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance Tenant) become Landlord's property at the termination of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainTerm, and shall, unless Landlord shall cooperate with Tenant's applications thereforrequests otherwise, any and all permits as are required under such governmental regulationsbe relinquished to Landlord in good condition, ordinary wear excepted.

Appears in 1 contract

Samples: Standard Office Lease (Centene Corp)

Tenant Improvements. A. At Tenant shall have the right tomay make Improvements or demolish existing structures on the Leased Premises, at Tenant’s sole cost and expense, without the prior approval of Landlord, which approval will not be reasonably withheld. In connection with any time during such Improvement or demolition authorized by the lease termLandlord, Tenant may equip will be permitted to grade, level, and fill the Building with fixtures land, remove trees and personal property necessary or appropriateshrubs, as determined in Tenant's reasonable discretioninstall roadways and walkways, for the operation and install utilities, provided all of the foregoing serve the Improvements made on the Leased Premises and comply with applicable general law and local rules and ordinances. Landlord will have no liability for any costs or expenses in connection with the Improvements or demolitions on the Leased Land. Notwithstanding the foregoing rights of Tenant, Tenant will be required to obtain all necessary permits and meet all applicable requirements of the City of Belle Isle Land Development, Zoning and Building for Codes. For purposes of this Section, “Improvements” means the uses allowed under this Leaseconstruction or demolition of and the alteration or addition to structures, all to be selected by buildings, fencing, parking areas, student sports/play fields, and other grounds improvements within the area of the Leased Premises. Landlord will reasonably cooperate with Tenant in its reasonable discretion applying for and all as specified in the plans obtaining a Planned Development and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance zoning changes or variances, consistent with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals C-2 zoning requirements as may be required by applicable laws necessary for occupancy the construction of buildings or other improvements in the Concept Plan attached hereto as Exhibit E, including extensions of the Premises for plan made to include the purposes contemplated in entire Leased Premises; however, under no circumstances may this Lease. Tenant shall take provision be interpreted as requiring the City to approve any corrective actionrequested Planned Development, as required by inspection reports by zoning change, or variance, where such may be denied or otherwise modified within the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance lawful discretion of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signsCity. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.Formatted: Highlight

Appears in 1 contract

Samples: Lease Agreement

Tenant Improvements. A. At any time during Tenant acknowledges that in the lease termevent Tenant intends to undertake improvements or alterations to the Leased Premises following the Effective Date, at its sole expense, Tenant must obtain the prior written consent and approval of Landlord to such improvements or alterations (“Alterations”), which consent shall not be unreasonably denied. Landlord’s approval of any such Alterations may equip also be conditioned upon Landlord’s approval of plans, contractors, contractor lien indemnification, and terms of access for construction. Landlord may require the Building plans to be prepared by a licensed Architect. Any Alterations to the Leased Premises made by Tenant shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease provided, however, Landlord, at its option, may require Tenant to remove and/or repair any Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal and/or repair and restoration to be borne by Tenant. This clause shall not apply to moveable equipment or furniture owned by Tenant which may be removed by Tenant at the end of the term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Landlord. Following the completion of the initial leasehold improvements, all Alterations must be in accordance with fixtures the requirements of this Lease. Tenant, at its expense, shall obtain all necessary governmental permits and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, certificates for the operation commencement and prosecution of the Building Alterations and for final approval thereof upon completion and shall cause the uses allowed under this Lease, all Alterations to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and the requirements of all applicable governmental regulationauthorities. Tenant All Alterations shall obtainbe diligently performed in a good and workmanlike manner, using materials and Landlord shall cooperate with Tenant's applications therefor, any equipment at least equal in quality and all permits as are required under such governmental regulationsclass to the original installations of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (AxoGen, Inc.)

Tenant Improvements. A. At any time during Any work to make the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Premises ready for Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all use is to be selected performed by Tenant in at its reasonable discretion and all expense (hereinafter referred to as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall include, without limitation, all items required to fully equip the Premises with all trade fixtures, security systems and monitoring, lighting fixtures, furniture, furnishings, fixtures, signs, any special equipment and other items of construction and personal property necessary for the completion of the Premises and the proper operation of Tenant's business. All such items installed by Tenant shall be new or in like-new condition. All entry into the Premises and work done by Tenant shall be at Tenant's risk, subject to Landlord’s duty to maintain the Building and building systems as required pursuant to this Lease. All Tenant's Work shall be subject to Landlord's prior written approval to which shall not be unreasonably withheld, conditioned or delayed, and shall be performed in a accordance with good and workmanlike manner and in compliance with construction practices, all applicable laws. B. Upon completion , insurance requirements, Landlord's reasonable rules and regulations uniformly applied and the terms of the Lease. Further, except in the event of Landlord’s willful misconduct or gross negligence, Landlord shall have no responsibility or liability for any loss or damage to any property belonging to Tenant. Tenant shall reimburse Landlord, within fifteen (15) days after demand, for the actual third-party costs incurred by Landlord associated with review of Tenant's ’s plans for Tenant’s Work. For purposes hereof, “hard costs” exclude furniture, fixtures and equipment installed by Tenant, general conditions payable under the construction contract, fees paid to the general contractor and all other items of expense generally deemed to be soft costs in the construction industry. Prior to the commencement of any of the Tenant’s Work, Tenant shall apply for, diligently pursue, obtain and deliver provide to Landlord all applicable permits, a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises schedule for the purposes contemplated in this Lease. Tenant shall take any corrective actionTenant’s Work, a budget for the Tenant’s Work, a subcontractor list (subject to the requirements of Section 4), and certificates of insurance for commercial general liability insurance as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits Lease from all contractors and subcontractors performing the Tenant’s Work naming Landlord as an additional insured. Landlord shall not charge any construction supervision or approvals, plan review fees related to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's ’s Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.

Appears in 1 contract

Samples: Lease (GrubHub Inc.)

Tenant Improvements. A. At any time during Landlord agrees to make certain improvements in accordance with the lease termTenant Work Letter attached as Exhibit C-1 attached hereto. Except as set forth in Exhibit C-1, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified specifically provided in the plans Tenant Work Letter (which is hereby incorporated into this Amendment), and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed except as otherwise expressly set forth in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Workthe Lease, Tenant shall apply forlease the Expansion Premises on an “As Is”, diligently pursue“Where Is” basis with all faults, obtain without warranty of any kind, express or implied, including. without limitation, any warranty as to physical condition and deliver Landlord shall have no obligation to improve, remodel, alter or otherwise modify the Expansion Premises prior to Tenant’s occupancy. Except as expressly set forth in the Lease and this Amendment, no representations, inducements, understanding or anything of any nature whatsoever, made, stated or represented by Landlord a conditional or unconditional certificate anyone acting for or on Landlord’s behalf either orally or in writing, have induced Tenant to enter into this Amendment, and Tenant acknowledges, represents and warrants that Tenant has entered into this Amendment under and by virtue of occupancy, Tenant’s own independent investigation. If the Expansion Premises are not in all respects entirely suitable for the use or uses to which the Expansion Premises or any other permits or approvals part thereof will be put, then it is the sole responsibility and obligation of Tenant to take such action as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain place the Expansion Premises in a condition entirely suitable for such certificates, permits use or approvalsuses. Landlord represents to Tenant that, to the extent best of Landlord’s knowledge, (i) the failure to obtain such certificates, permits Expansion Premises is free of asbestos and other hazardous or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance toxic materials in violation of applicable laws and ordinances and toxic mold and (ii) the air quality of the Building Expansion Premises meet or its appurtenances with any present lawsexceed current legal requirements and/or professional standards. TENANT IS NOT RELYING ON ANY EXPRESS OR IMPLIED, rules ORAL OR WRITTEN REPRESENTATIONS OR WARRANTIES MADE BY LANDLORD, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AMENDMENT AND THE LEASE AND TENANT HAS HAD THE OPPORTUNITY TO INSPECT THE EXPANSION PREMISES. Notwithstanding anything to the contrary herein or regulationsin the work letter, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder the Expansion Premises shall be postponeddelivered “as is” , notwithstanding any other provision of this Lease including walls as they exist and utilities as currently delivered to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signsExpansion Premises. Tenant shall be entitled responsible for all costs for reconfiguration of the Expansion Premises, including any demising or re-working of utilities subject to construct funding through the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsConstruction Allowance.

Appears in 1 contract

Samples: Office Lease (Fleetmatics Group PLC)

Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permitspermits or approvals have been obtained, and Landlord shall take such action as is appropriate to promptly correct any such noncompliance. C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.governmental

Appears in 1 contract

Samples: Lease Agreement (Rentx Industries Inc)

Tenant Improvements. A. At any time during Lessee covenants and agrees to complete tenant improvements, including but not limited hard wall office construction, conference room construction, laboratory construction, electrical and HVAC repairs installed by Lessee, replacement of carpet, interior upgrades and enhanced security system upgrades (collectively, the lease term, Tenant may equip the Building Work). Any and all such work shall be in compliance with fixtures Sections 6 and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation 7 of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion Lease and all as specified applicable laws, rules, regulations, codes and ordinances. Lessee shall confirm contractors have all required licenses and insurance certificates, complete all necessary plans, and obtain all applicable permits required by governmental authorities. Lessee shall provide Lessor at least fourteen (14) days' notice in writing prior to commencing any work upon the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work")Premises. Tenant's Work All work shall be performed done in a good and workmanlike manner manner, with good and in compliance with sufficient materials. Lessee shall timely pay all applicable laws. B. Upon completion claims for labor or materials furnished and obtain unconditional waivers and lien releases from each contractor and subcontractor. Lessee shall do all things reasonably necessary to prevent the filing of Tenant's Workany mechanics' or other liens against the Premises or any part thereof by reason of work, Tenant shall apply forlabor, diligently pursueservices or materials supplied or claimed to have been supplied to Lessee, obtain and deliver to Landlord a conditional or unconditional certificate of occupancyanyone holding the Premises, or any other permits part thereof, through or approvals under Lessee. If any such lien shall at any time be filed against the Premises, Lessee shall either cause the same to be discharged of record within twenty (20) days after the date of filing of the same or, if Lessee in Lessee's discretion and in good faith determines that such lien should be contested, shall furnish such security as may be necessary or required to: (i} prevent any foreclosure proceedings against the Premises during the pendency of such contest, and (ii) cause First American Title Company or other mutually satisfactory title company to remove such lien as a matter affecting title to the Premises on a title policy or report with respect to the Premises. If Lessee shall fail to discharge such lien within such period or fail to furnish such security, then, in addition to any other right or remedy of Lessor resulting from Lessee's said default, Lessor may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by giving security or in such other manner as is, or may be, prescribed by law. Lessee shall repay to Lessor on demand all sums disbursed or deposited by Lessor, including Lessor's costs, expenses and actual attorneys' fees incurred by Lessor in connection therewith, with interest thereon at the maximum rate permitted by law. Lessee shall timely submit for payment all claims for labor or materials furnished and obtain unconditional waivers and liens releases from each contractor, supplier and subcontractor. Lessee shall deliver to Lessor the following for Lessor's review and approval: (i) unconditional waivers and lien releases; (ii) contracts and contractor invoices; (iii) cancelled checks (if applicable); and (iv) other documentation requested by Lessor. Lessor shall have the right to inspect any and all such work prior to paying for the Work. Following receipt and approval by Lessor of the required documentation for the Work, Lessor shall pay the contractors directly or issue joint checks; provided, however, in no event shall such payments in the aggregate exceed the tenant improvement allowance of $525,415. Such requests for reimbursement shall be for a minimum of $50,000 and not more frequently than once per month. Lessee represents and warrants that as of the date of this First Amendment, Lessee has no knowledge of any outstanding building code, life safety or ADA issues with respect to the Premises. Lessor shall be responsible for the cost to correct any building code, life safety, and ADA issues existing as of the date of this First. Amendment if and when correction is lawfully cited and required by applicable laws for occupancy of the Premises for the purposes contemplated in this Leasea governmental agency with jurisdiction over such matters. Tenant shall take any corrective actionAll alterations, as required by inspection reports by the applicable governmental authorityimprovements, reasonably necessary to obtain such certificatesremodeling, permits additions or approvalsfixtures, other than trade fixtures not permanently affixed to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulationsPremises, which noncompliance does not relate to installations may be made by Tenantor installed in the Premises, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision at the termination of this Lease to become the contraryproperty of Lessor and remain upon and be surrendered with the Premises, until 10 days after such certificates, permits C. Tenant, unless otherwise required by Lessor in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall discretion to be entitled to construct removed from the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsPremises upon the surrender thereof.

Appears in 1 contract

Samples: Lease (AeroVironment Inc)

Tenant Improvements. A. At any time during Tenant acknowledges that in the lease termevent Tenant intends to undertake improvements or alterations to the Leased Premises following the Effective Date, Tenant must obtain the prior written consent and approval of Landlord to such improvements or alterations ("Alterations"), which consent may equip in the Building sole and absolute discretion of Landlord be denied. Landlord's approval of any such Alterations may also be conditioned upon Landlord's approval of plans, contractors, contractor lien indemnification, and terms of access for construction. Any Alterations to the Leased Premises made by Tenant shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease provided, however, Landlord, at its option, may require Tenant to remove and/or repair any Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal and/or repair and restoration to be borne by Tenant. This clause shall not apply to moveable equipment of furniture owned by Tenant which may be removed by Tenant at the end of the term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Landlord. Following the completion of the initial leasehold improvements, all Alterations must be in accordance with fixtures the requirements of this Lease. Tenant, at its expense, shall obtain all necessary governmental permits and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, certificates for the operation commencement and prosecution of the Building Alterations and for final approval thereof upon completion and shall cause the uses allowed under this Lease, all Alterations to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and the requirements of all applicable governmental regulationauthorities. Tenant All Alterations shall obtainbe diligently performed in a good and workmanlike manner, using materials and Landlord shall cooperate with Tenant's applications therefor, any equipment at least equal in quality and all permits as are required under such governmental regulationsclass to the original installations of the Leased Premises.

Appears in 1 contract

Samples: Lease (Regeneration Technologies Inc)

Tenant Improvements. A. At any time during the lease termTenant is currently preparing, Tenant may equip the Building with fixtures at its -sole cost and personal property necessary or appropriateexpense, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications for the improvements Tenant desires to make to the Additional Expansion Premises (the "Plans). The Plans shall be delivered submitted to Landlord for its approval, which approval shall not be unreasonable withheld and shall be granted or rejected within ten (10) days after Landlord's receipt of the Plans. The Plans shall be stamped by a Massachusetts registered architect and shall comply with all applicable laws, ordinances and regulations (including without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time time, and the regulations promulgated thereunder) and the requirements of the Lease regarding Alterations and shall be in a form satisfactory to appropriate governmental authorities responsible for the issuance of permits, approvals and licenses required for construction. Landlord's approval of the Plans shall not impose upon Landlord any responsibility or liability whatsoever to Tenant. Promptly after approval of the Plans, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein ("Tenant's Work"). All of the Tenant's Work shall be completed in accordance with the approved Plans and the requirements for Alterations set forth in the Lease. Copies of all permits and approvals required for Tenant's Work shall be furnished to Landlord promptly upon receipt thereof. Tenant's Work shall be performed in by a good general contractor first approved by Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract. The approval by Landlord of Tenant's general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of or arising out of the defaults or other acts or omissions of the general contractor. A copy of all required bonds and workmanlike manner certificates of insurance required by the Lease shall be furnished to Landlord prior to the commencement of construction and in compliance with all applicable laws. B. Upon completion installation of Tenant's Work, . Within forty-five (45) days after completion of any Tenant's Work Tenant shall apply for, diligently pursue, obtain and deliver provide to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals "as may be required by applicable laws for occupancy built" plans of the Premises for the purposes contemplated in this LeaseTenant's Work. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance provide Landlord with copies of the Building or its appurtenances with certificate of occupancy for any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision Work that requires a certificate of this Lease to the contrary, until 10 days occupancy reasonable promptly after completion of such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances entirely responsible for all costs and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate expenses associated with Tenant's applications therefor, any and all permits as are required under such governmental regulationsWork.

Appears in 1 contract

Samples: Lease Agreement (TechTarget Inc)

Tenant Improvements. A. At Tenant shall not make or allow to be made any ------------------- alterations, physical additions or improvements in or to the Premises without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. Any alterations, physical additions or improvements to the Premises made by or installed by either party hereto shall remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease without credit to Tenant; provided, however, Landlord, at its option, may require Tenant to remove any physical improvements or additions and/or repair any alterations in order to restore the Premises to the condition existing at the time during Tenant took possession, all costs of removal and/or alterations to be borne by Tenant. Notwithstanding the lease termforegoing, Tenant may equip request in writing that Landlord make a determination at the Building with fixtures and personal property necessary or appropriate, time of consent as determined in Tenant's reasonable discretion, for to whether the operation Tenant improvements will have to be removed at the end of the Building for the uses allowed under this LeaseLease Term. This clause shall not apply to moveable equipment, all to furniture or moveable trade fixtures owned by Tenant, which may be selected removed by Tenant in its reasonable discretion and all as specified in at the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy end of the Premises for the purposes contemplated in term of this Lease. Tenant shall take any corrective actionhave no authority or power, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits express or approvalsimplied, to create or cause any mechanic's or materialmen's lien, charge or encumbrance of any kind against the extent Premises, the failure to obtain such certificates, permits Property or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signsportion thereof. Tenant shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Tenant to be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainreleased by payment, bonding or otherwise within thirty (30) days after request by Landlord, and shall indemnify Landlord shall cooperate with Tenant's applications thereforagainst losses arising out of any such claim (including, any without limitation, reasonable legal fees and all permits as are required under such governmental regulationscourt costs).

Appears in 1 contract

Samples: Lease Agreement (Liposcience Inc)

Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in will cause to be prepared at ------------------- Tenant's reasonable discretionexpense construction plans, for the operation drafts of the Building for the uses allowed under this Leasewhich are be attached hereto as Exhibit B, all to and which may be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord amended from time to time ("unilaterally by Tenant. Landlord's execution of this Lease shall, for purposes of this section, constitute consent of the Landlord as to those Tenant Improvements listed in Exhibit B, provided such plans are approved, if approval is required, by any local zoning agency. For any additional Tenant Improvements that may be required from time to time, Tenant will cause to be prepared at Tenant's Work")expense construction plans. Tenant's Work Such plans shall be presented to the Landlord in written form prepared by a professional architect or engineer. The Tenant Improvements shall be subject to the reasonable consent of the Landlord, which shall not be unreasonably withheld or delayed. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit from the appropriate governmental agency to permit the completion of the work, furnishing a copy thereof to Landlord prior to the commencement of the work, and compliance with all conditions of said permit in a prompt and expeditious manner. All work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon manner. Following completion of Tenant's Worksuch work, Tenant shall apply for, diligently pursue, obtain and deliver furnish to Landlord landlord a conditional or unconditional certificate set of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of "as-built" drawings showing the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsImprovements.

Appears in 1 contract

Samples: Lease (Exodus Communications Inc)

Tenant Improvements. A. At (a) Tenant, by occupancy hereunder, accepts the Premises as being in good repair and condition. Tenant shall maintain the Premises and every part thereof in good repair and condition, damages by causes beyond the control of Tenant, reasonable use, ordinary wear and tear excepted. Tenant shall not make or suffer to be made any time during alterations, additions or improvements to or of the lease termPremises or any part thereof without prior written consent of Landlord, which consent Landlord covenants and agrees shall not be unreasonably withheld. If Landlord requires that any alteration made by Tenant may equip is to be removed from the Building with fixtures and personal property necessary or appropriate, as determined in Premises at the Tenant's reasonable discretioncost upon expiration or other termination of this Lease, for or any renewal thereof, Landlord must notify Tenant accordingly when it provides Tenant its consent to such alteration. In the operation event Landlord consents to the proposed alterations, additions, or improvements, any such alterations, additions or improvements shall be made at such times and in such manner as not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the Building by the other tenants thereof. Landlord may require Tenant to use contractors reasonably acceptable to Landlord. Tenant shall reimburse Landlord for all outside third party expenses (such as expenses of outside architects or engineers) incurred by Landlord in reviewing any request for alterations. All additions, fixtures, alterations or other improvements made by Tenant which Landlord has not required Tenant to remove upon the uses expiration or termination of this Lease shall be and remain a part of the Premises at the expiration or termination of this Lease. Notwithstanding the foregoing, Tenant shall be allowed under to return the Premises to Landlord upon termination of this Lease, with all improvements made during Tenant's initial fit out of the Premises, except for any cafeteria proposed to be selected built on the fifth floor. (b) Notwithstanding the foregoing, Tenant shall be permitted to renovate the entire first, fifth, sixth and seventh floor spaces. Landlord shall provide Tenant with a Tenant improvement allowance equal to $15.00 per rentable square foot for the entire Premises (the "Tenant Improvement Allowance"). At Tenant's option, the Tenant Improvement Allowance may be used for the following purposes: (i) Payment of any leasing or brokerage commission payable by Tenant in its reasonable discretion and all as specified in connection with this Lease; (ii) Payment of the amount of $37,015.54 owed by the Subtenant to Landlord; (iii) For payment of any tenant improvements made to any portion of the Premises pursuant to plans and specifications to be delivered to reviewed and approved by Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated set forth in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.;

Appears in 1 contract

Samples: Lease Agreement (Hamilton Bancorp Inc)

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Tenant Improvements. A. At (a) Any structural alterations, additions, or improvements made by or on behalf of Tenant to the Premises ("Tenant Improvements") shall be subject to Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. All Tenant Improvements shall comply with insurance requirements and with applicable law, ordinances, and regulations, including, without limitation and to the extent applicable, laws and regulations regarding removal or alteration of structural or architectural barriers to handicapped or disabled persons (and Tenant shall construct at its expense any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary alteration required by such laws or appropriateregulations, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to they may be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"amended). Tenant's Work All Tenant Improvements shall be performed constructed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion only good grades of Tenant's Workmaterials shall be used. All plans and specifications for any Tenant Improvements shall be submitted to Landlord for its reasonable approval, and Tenant shall apply for, diligently pursue, obtain reimburse Landlord for its reasonable costs in reviewing plans and deliver to documents. Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of post on and about the Premises for the purposes contemplated notices and give notices that Landlord shall not be liable on account of any damage or claim in this Lease. connection with such construction, and Tenant shall take any corrective actionprovide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, as required by inspection reports by the applicable governmental authority, reasonably necessary prior to obtain beginning such certificates, permits or approvals, construction. Landlord's right to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder review plans and specifications shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in solely for its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainown benefit, and Landlord shall cooperate have no duty to see that such plans and specifications or construction comply with Tenantapplicable laws, codes, rules, or regulations. Upon completion of any Tenant Improvements, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Tenant Improvements and final lien waivers from all such contractors and subcontractors. Tenant shall not be required to remove any Tenant Improvement at the expiration or earlier termination of this Lease. (b) Tenant may, without Landlord's applications thereforconsent, make any non-structural alterations, additions or improvements to the Premises and all permits as are required under the provisions of paragraph (a) above shall not apply to such governmental regulationsnon-structural improvements.

Appears in 1 contract

Samples: Lease Agreement (Electro Energy Inc)

Tenant Improvements. A. At The “Tenant Improvements" shall mean the provision of all labor, materials, coordination, supervision and planning services necessary to renovate and finish the Premises for the conduct of Tenant’s business, provided Landlord approves the final plans and working drawings therefore (the “Tenant Construction Documents”). Landlord hereby approves the Tenant’s specifications set forth in Exhibit C-1, Exhibit C-2 and C-3, including any time during exterior generators, signage, and entrance canopies as shown on such Exhibits. Additionally, the lease termTenant Improvements may include the labor, materials, coordination, supervision and planning services necessary to construct the additional parking area shown on Exhibit A-1, provided Landlord approves the final plans and working drawings therefore as shown on the Tenant may equip Construction Documents. The Tenant Construction Documents shall be prepared at Tenant's expense by architects and engineers licensed in the Building State of New Jersey and employed by Tenant; and they shall comply with fixtures and personal property necessary or appropriatethe requirements of the Americans with Disabilities Act of 1990, as determined in amended, and any other laws, rules, ordinances, codes or regulations of any governmental authority having jurisdiction over the Demised Premises or the Building, as well as insurance requirements and any requirements under any association agreement, covenants or easements applicable to the Building. Tenant agrees to indemnify Landlord for any loss, claim or damages incurred by Landlord as a result of Tenant's reasonable discretionfailure to so comply. The Tenant Construction Documents will, in complete detail, describe partitions, doors, reflected ceilings, telephone outlets, electrical switches and outlets, finishes, and HVAC equipment and controls for the operation Tenant Improvements. Tenant shall be responsible for the coordination of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in Construction Documents with the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work")for the Building, and, for the parking area, with the plans and specifications for the Applegate Road Owners Association and applicable township and county requirements. Tenant's Work The Tenant Construction Documents, and any changes or modifications thereto, shall be performed subject to Landlord's prior written approval. Landlord's approval of the Tenant Construction Documents shall not be deemed to constitute a representation or warranty that such plans and working drawings were prepared in a good accordance with applicable legal requirements or are otherwise sufficient and workmanlike manner and in compliance with all applicable laws. B. Upon completion correct. Landlord agrees that it will not unreasonably withhold or delay its approval of Tenant's Work, ’s Construction Documents for the Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancyImprovements, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for changes or modifications thereof; provided, however, that Landlord shall have sole and absolute discretion to approve or disapprove any Tenant Improvements that may affect the purposes contemplated in this Lease. Tenant shall take any corrective actionintegrity of the Building structure or the base-building mechanical, as required by inspection reports by plumbing, electrical or HVAC systems or that affect the applicable governmental authoritycommon areas, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance exterior appearance of the Building or its appurtenances with are visible from outside of the Premises. Tenant shall obtain all necessary permits and approvals for the Tenant Improvements from any present lawsgovernmental entity having jurisdiction over the Premises or Building and from the Applegate Road Owners Association, rules or regulations, which noncompliance does not relate to installations made by Tenant, then at Tenant's obligation to pay rent hereunder sole cost and expense; without limitation, Tenant shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, mayresponsible, at its sole cost and expense, as part for obtaining a Use and Occupancy Permit for the Premises from the Township of Tenant's Work, erect interior and exterior signsRobbinsville. Landlord shall have no liability to Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other on account of any delay by applicable governmental regulations. All sign construction shall be or association authorities in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainissuing any required building permits or association consents, and any delay in the completion of the Tenant Improvements shall not postpone Tenant’s obligation for payment of Rent under the Lease nor shall Landlord shall cooperate with Tenant's applications thereforbe liable for any loss, damage or expense arising in any and all permits as are required under manner from such governmental regulationsdelay.

Appears in 1 contract

Samples: Lease Agreement (Systemax Inc)

Tenant Improvements. A. At any time during (A) Subject to paragraph 3(B) below, Landlord agrees to construct the lease termNew Expansion Space, Tenant may equip on a turn-key basis (i.e., solely at Landlord’s cost and expense, except for the Building with fixtures cost of electrical distribution from the electrical panel to be installed by Landlord, and personal property necessary or appropriateexcept for the costs of the Additional Work, as determined that term is defined below), and using Building-Standard materials, in accordance with the Space Plan (the “Landlord’s Work”), which such Landlord’s Work shall include electrical requirements to the panel of the New Expansion Space, with the Tenant being solely responsible, at Tenant's reasonable discretion’s cost and expense, for all electrical requirements from the operation panel to Tenant’s equipment. The construction of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Landlord’s Work shall be performed in a good and workmanlike manner in accordance with the Space Plan and in compliance with all applicable laws. B. Upon completion , In the event Tenant requests, and Landlord approves of, any changes or modifications that require work over and above the scope of the approved Space Plan, (the “Additional Work”), the costs thereof shall be Tenant's Work’s sole responsibility. Landlord agrees not to unreasonably withhold, delay or condition its approval of any such changes or modifications. Tenant shall pay any such costs, together with a fee equal to eight percent (8%) of the same, within thirty (30) days after Tenant’s receipt of invoices therefor from Landlord, If payment is not received by Landlord within such time, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate pay interest thereon at the rate set forth in the Original Lease. The Effective Date shall be the date of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy “Substantial Completion” of the Premises New Expansion Space. “Substantial Completion” shall mean the date that: (i) Landlord has completed all of the Landlord’s Work detailed in the Space Plan, excepting only minor punch list items; and (ii) a Certificate of Occupancy or its equivalent is issued for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports New Expansion Space by the applicable governmental authority. Notwithstanding the foregoing, reasonably necessary however, Landlord represents to obtain Tenant that, subject to any Force Majeure Event or Tenant Delay, as such certificatesterms are defined below, permits or approvalsSubstantial Completion of Landlord’s Work (excluding, however, any Additional Work, and excluding the electrical distribution work that is Tenant’s responsibility) shall occur no later than six (6) months following the date Landlord commences construction of the New Expansion Space (the “Completion Deadline”) as provided for below. Subject to the extent foregoing conditions, in the failure event such Substantial Completion does not occur by the Completion Deadline, although the validity of this Amendment shall not be affected, Tenant shall, in such case, be entitled to obtain liquidated damages in the amount of $1,000.00 per day for each day beyond the Completion Deadline until such certificatesSubstantial Completion occurs. Landlord shall use commercially reasonable efforts to complete any Additional Work by the Completion Deadline, permits but if Landlord achieves such Substantial Completion by the Completion Deadline, but fails to complete the Additional Work by the Completion Deadline, then Tenant shall not be entitled to liquidated damages described above. Prior to the New Expansion Space being delivered to Tenant, a representative of Landlord and a representative of Tenant shall walk through the New Expansion Space and jointly prepare a list of minor items, which, in their reasonable opinions have not been fully completed or approvals is attributable which require repair (the “Punch List Items”). Landlord shall cause its contractor to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits commence the completion or approvals due to any existing noncompliance repair of the Building or its appurtenances with any present lawsPunch List Items as quickly as possible after the date of the “walk-through”, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 but in all events within thirty (30) days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtaindate, and Landlord shall cooperate with Tenant's applications therefor, any and all permits to complete such work as are required under such governmental regulationsquickly as possible.

Appears in 1 contract

Samples: Lease (Gc Net Lease Reit, Inc.)

Tenant Improvements. A. At any time during Any and all improvements to and remodeling of the lease termLeased Premises required of Tenant pursuant to this Lease or otherwise (the "Tenant Improvements") including, without limitation, the initial Tenant may equip the Building with fixtures and personal property necessary or appropriateImprovements (hereinafter defined), as determined in shall be performed (i) by Tenant at Tenant's reasonable discretionsole cost and expense, for (ii) in accordance with plans and specifications approved in writing in advance by Landlord, which approval shall not be unreasonably withheld or delayed, and the terms of this Lease, (iii) in a first-class workmanlike manner with first-class materials, (iv) by duly qualified or licensed persons and (v) without interference with the operation of Landlord or other occupants of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the Shopping Center. Upon receipt of Landlord's written approval of such plans and specifications specifications, Tenant shall promptly commence and diligently pursue to completion the construction of the initial Tenant Improvements. To the extent any part of any Tenant Improvements is not shown on the approved plans or is a change from the approved plans, Tenant must obtain Landlord's prior written consent, which consent shall not be delivered unreasonably withheld or delayed. If Tenant shall enter the Leased Premises prior to Landlord from time the Commencement Date, then Tenant shall perform all duties and obligations imposed by this Lease including, without limitation, the obligation to time ("pay all Utility Charges, but excepting its obligation to pay Minimum Rent, Percentage Rent, Tax Rent, Tenant's WorkProportionate Share of Landlord's Operating Costs all of which shall accrue from and after the Commencement Date. B. Following the Possession Date, Tenant shall undertake construction of improvements in and to the Leased Premises as set forth in Exhibit D attached hereto (the "). Tenant's Work Initial Tenant Improvements") and shall be performed complete the same in a good and workmanlike manner and in compliance with plans and specifications approved by the Landlord and all applicable laws. B. Upon completion Laws and regulations of Federal, State and local governmental bodies. Subject to any applicable Law, in the event of a direct conflict between the final plans and specifications for the initial Tenant Improvements, as finally approved by Landlord, and the construction provisions contained in this Lease, the final Landlord approved plans and specifications shall control Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy construction of the Premises for the purposes contemplated initial Tenant Improvements and shall supersede any directly inconsistent construction provisions contained in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to To the extent the failure to approved plans and specifications do not deal with an item specifically, Tenant must obtain such certificates, permits Landlord's prior written approval which shall not be unreasonably withheld or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsdelayed.

Appears in 1 contract

Samples: Lease Agreement (First Capital Income Properties LTD Series Viii)

Tenant Improvements. A. At any time during Landlord acknowledges that the lease termTenant ------------------- intends to make improvements to the Leased Premises and agrees to give its consent to such improvements provided that those improvements are limited exclusively to the interior of the Building, Tenant may equip do not affect the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation structure of the Building or the outer walls or roof of the Building and are of a quality and nature which is equivalent to and compatible with the existing interior improvements to the Building. The Tenant agrees, prior to implementing any such improvements, to provide detailed plans and specifications for such improvements and to secure the uses allowed Landlord's written consent to such improvements. The Landlord agrees not to unreasonably withhold or delay his consent. Unless otherwise agreed in writing by the Landlord and the Tenant, all such improvements shall, upon installation, immediately become the property of the Landlord and, upon termination of this Lease, shall remain upon and be surrendered with the Leased Premises; provided, however, the Landlord may designate by written notice to Tenant those improvements which shall be removed by Tenant at the termination of this Lease and Tenant shall promptly remove the same and repair any damage to the Leased Premises caused by such removal. The Tenant shall be responsible for obtaining all required permits and for complying with all building code and other legal requirements applicable to the improvements. The Tenant shall pay when due all costs for labor and materials utilizing in installing such improvements. Tenant shall, at all times, keep the Leased Premises free from any and all liens arising out of any work performed, materials furnished, or obligations incurred, by or on behalf of Tenant. If any mechanics or other lien is placed on all or any part of the Leased Premises by reason of any work performed for, materials furnished to, or obligations incurred by Tenant, or claimed to have been performed for, furnished to, or incurred by Tenant, and if Tenant fails to remove such mechanics lien or other lien of record within ten (10) days after the filing thereof, then Tenant shall be in default under this Lease, all and Landlord may, but shall not be required or expected to, remove such mechanics lien or other lien of record by bond, by payment or other means, which cost, together with ten percent (10%) of the amount of such cost to compensate Landlord for his efforts, shall be selected due and payable to Landlord by Tenant in its reasonable discretion immediately upon demand and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable lawsconstitute Additional Rent hereunder. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulations.

Appears in 1 contract

Samples: Lease Agreement (General Scanning Inc \Ma\)

Tenant Improvements. A. At any time during the lease term(a) Tenant is currently preparing, Tenant may equip the Building with fixtures at its sole cost and personal property necessary or appropriateexpense, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications for the improvements Tenant desires to make to the Expansion Premises (the "Plans"). The Plans shall be delivered submitted to Landlord for its approval, which approval shall not be unreasonably withheld and shall be granted or rejected within ten (10) days after Landlord's receipt of-the Plans. The Plans shall be stamped by a Massachusetts registered architect, and shall comply with all applicable laws, ordinances and regulations (including, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time time, and the regulations promulgated thereunder) and the requirements of the Lease regarding Alterations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord's approval of any of the Plans shall not impose upon Landlord any responsibility or liability whatsoever to Tenant. Promptly after approval of the Plans, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein ("Tenant's Work"). All of Tenant's Work shall be completed in accordance with the approved Plans and the requirements for Alterations set forth in the Lease. Copies of all permits and approvals required for Tenant's Work shall be furnished to Landlord promptly upon receipt thereof Tenant's Work shall be performed in by a good general contractor first approved by Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract. The approval by Landlord of Tenant's general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the defaults or other acts or omissions of the general contractor. A copy of all required bonds and workmanlike manner certificates of insurance required by the Lease shall be furnished to Landlord prior to commencement of construction and in compliance with all applicable laws. B. Upon installation of Tenant's Work. Within forty-five (45) days after completion of any Tenant's Work, Tenant shall apply forprovide to Landlord "as-built" plans of the Tenant's Work. Tenant shall provide Landlord with copies of the certificate of occupancy for any Tenant's Work that requires a certificate of occupancy reasonably promptly after completion of such Tenant's Work. (b) Landlord shall reimburse Tenant for the hard and soft costs incurred by Tenant with respect to the design of the Plans and the performance of Tenant's Work (the "Cost of Tenant's Work") up to $487,932.50 ("Landlord's Contribution"). If the Cost of Tenant's Work exceeds Landlord's Contribution, diligently pursueTenant shall be entirely responsible for any excess. Landlord's Contribution shall be payable by Landlord to Tenant (or, obtain at Landlord's election, directly to Tenant's contractor) upon written requisition to Landlord in monthly installments, as provided below, according to reasonable construction disbursement procedures and as Tenant's Work progresses. In any case, prior to payment of any such installment Tenant shall deliver to Landlord a conditional written request, which request shall be given no more frequently than once every thirty (30) days, for such disbursement, which shall be accompanied by: (i) invoices for Tenant's Work covered by such request for disbursement; (ii) copies of partial lien waivers or unconditional final lien waivers for such disbursement (in the case of a final installment); and (iii) a certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports signed by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, Tenant's architect certifying that Tenant's Work represented by the aforementioned invoices has been completed substantially in accordance with the Plans. Landlord shall pay each required installment within thirty (30) days of receiving the materials enumerated in the previous sentence. Each installment by Landlord will be in the amount of Landlord's pro-rata share based on the ratio of Landlord's Contribution to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part total Cost of Tenant's Work, erect interior and exterior signsless the retainage, if any, in the contract with respect to such Work, but in no event shall Landlord be required to pay more than Landlord's Contribution. Tenant Any retainage amounts held by Landlord shall be entitled to construct paid upon completion of Tenant's Work and Tenant's satisfaction of the maximum signage permitted under local sign ordinances and other applicable governmental regulationsfinal installment conditions set forth in this Section 6. All sign construction If the Cost of Tenant's Work shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant less than Landlord's Contribution, the difference shall obtain, and be applied against the next ensuing installment of all Rent due to Landlord shall cooperate with from Tenant's applications therefor, any and all permits as are required under such governmental regulations.

Appears in 1 contract

Samples: Lease (TechTarget Inc)

Tenant Improvements. A. At Tenant may make Improvements or demolish existing structures on the Leased Premises, at Tenant’s sole cost and expense, with the prior approval of Landlord, which approval will not be reasonably withheld. In connection with any time during such Improvement or demolition authorized by the lease termLandlord, Tenant may equip will be permitted to grade, level, and fill the Building with fixtures land, remove trees and personal property necessary or appropriateshrubs, as determined in Tenant's reasonable discretioninstall roadways and walkways, for the operation and install utilities, provided all of the foregoing serve the Improvements made on the Leased Premises and comply with applicable general law and local rules and ordinances. Landlord will have no liability for any costs or expenses in connection with the Improvements or demolitions on the Leased Land. Notwithstanding the foregoing rights of Tenant, Tenant will be required to obtain all necessary permits and meet all applicable requirements of the City of Belle Isle Land Development, Zoning and Building for Codes. For purposes of this Section, “Improvements” means the uses allowed under this Leaseconstruction or demolition of and the alteration or addition to structures, all to be selected by buildings, fencing, parking areas, student sports/play fields, and other grounds improvements within the area of the Leased Premises. Landlord will reasonably cooperate with Tenant in its reasonable discretion applying for and all as specified in the plans obtaining a Planned Development and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance zoning changes or variances, consistent with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals C-2 zoning requirements as may be required by applicable laws necessary for occupancy the construction of buildings or other improvements in the Concept Plan attached hereto as Exhibit E, including extensions of the Premises for plan made to include the purposes contemplated in entire Leased Premises; however, under no circumstances may this Lease. Tenant shall take provision be interpreted as requiring the City to approve any corrective actionrequested Planned Development, as required by inspection reports by zoning change, or variance, where such may be denied or otherwise modified within the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance lawful discretion of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsCity.

Appears in 1 contract

Samples: Lease Agreement

Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, Except for the operation Scope of Work attached hereto as Exhibit “B” (“Landlord’s Work”), Landlord shall have no obligation to perform any improvements to either the Reconfigured Premises or to the Surrender Space. Notwithstanding anything to the contrary set forth in the Lease (as amended hereby), with the exception only of the Building Landlord’s Work as specifically described herein, Landlord shall have no obligation to construct any buildings, improvements or alterations, or to extend or provide any services on or to the Reconfigured Premises or to or for the uses allowed under benefit of Tenant, or to make any repairs or replacements to the Reconfigured Premises; and Landlord makes no warranty concerning the Reconfigured Premises or the Landlord’s Work, including without limitation any warranties of merchantability, habitability, fitness or any other condition thereof for any particular purpose. B. All work described in this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Scope of Work shall be furnished, installed and shall be performed in by Landlord, utilizing a good and workmanlike manner and in compliance with all applicable lawsgeneral contractor selected by Landlord. B. Upon completion C. In the event Tenant requests that Landlord perform any work to the Reconfigured Premises other than as specifically set forth herein, said work shall be considered a “Tenant Change Order” and Tenant shall pay any increase in the cost of constructing the Landlord’s Work (including, without limitation, additional architect’s fees) resulting from such Tenant Change Order. In constructing the Landlord’s Work, Landlord reserves the right to: (i) make substitutions of material of equivalent grade and quality when and if any specified material shall not be readily and reasonably available, and (ii) make changes necessitated by conditions met during the course of construction; provided, however, that Tenant's ’s approval of any substantial change shall first be obtained, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant Change Orders shall not be permitted without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed by Landlord so long as the Tenant Change Order does not delay the construction of the Landlord’s Work. If Landlord approves any Tenant Change Order then, notwithstanding anything to the contrary contained herein, Tenant shall apply forpay any increase in the cost of constructing the Landlord’s Work resulting from such Tenant Change Order within thirty (30) days after receipt of Landlord’s invoice therefor. As a condition to Landlord’s approval of any Tenant Change Order, diligently pursueLandlord may require that, obtain and deliver prior to Landlord’s commencement of any work related to such Tenant Change Order, Tenant shall pay to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy one hundred percent (100%) of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required amount estimated by inspection reports by the applicable governmental authority, reasonably necessary Landlord to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals become due to any existing noncompliance Landlord with respect to such Tenant Change Order, which prepaid amount shall be applied against the last of the Building or its appurtenances costs incurred by Landlord with any present laws, rules or regulations, which noncompliance does not relate respect to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsChange Order.

Appears in 1 contract

Samples: Office Lease (RBC Bearings INC)

Tenant Improvements. A. At Tenant shall, at Tenant’s sole cost, risk, direction and expense, perform all work and supply all installations and shall fully equip the Leased Premises with all trade fixtures, furniture, furnishings, exterior signs, special equipment and other items necessary for the completion of the Leased Premises and the proper operation of Tenant’s business, all of such being herein referred to as “Tenant’s Work”. All items installed by Tenant shall be new and fully paid for in cash by Xxxxxx. Tenant shall not undertake any construction, nor shall Tenant install any equipment without first obtaining Landlord’s written approval of plans and specifications therefore (hereinafter referred to as the “Plans and Specifications”, to be attached hereto and made a part of this Lease as Exhibit “C”), which Plans and Specifications shall be submitted to Landlord within thirty (30) days after Landlord or Landlord’s architect provides Tenant with outline plans for the Leased Premises. The approval by Landlord of the Plans and Specification shall not constitute the assumption of any liability on the part of Landlord for their accuracy or their conformity with building code requirements, and Tenant shall be solely responsible for such Plans and Specifications. The approval by Landlord of the Plans and Specifications shall not constitute a waiver by Landlord of the right thereafter to require Tenant to amend the same to provide for omissions or deficiencies therein later discovered by Landlord or any governmental subdivision or agents or representatives thereof. Landlord’s approval of the Plans and Specifications shall not constitute a warranty or representation by Landlord that the Plans and Specifications comply with applicable laws. Thereafter, no changes shall be made in the Plans and Specifications without the consent of Landlord. Tenant shall pay to Landlord upon demand any additional cost incurred by Landlord as a result of changes requested by Xxxxxx and approved by Landlord. Tenant shall not commence any work until Xxxxxx receives written approval from Landlord of Tenant’s general contractor and Xxxxxx delivers to Landlord a policy or policies of public liability and property damage insurance in the amounts set forth in numbered Section 12 hereof naming Landlord and Landlord’s mortgagee, if any, as additional insureds, ln limits and with companies acceptable to Landlord and Landlord’s mortgagee, if any. Subject to Section 6 hereof, possession of the Leased Premises shall be turned over to Tenant upon execution of this Agreement by Landlord and Tenant, at which time Tenant may commence Tenant’s Work. Except as otherwise provided herein: (i) Landlord shall under no circumstances be required to build any improvements at the Leased Premises, make any repairs, replacements, alterations or renewals of any nature or description to the Leased Premises, make any expenditure whatsoever in connection with this Lease or maintain the Leased Premises in any way; and (11) Landlord shall not be required to maintain, repair or rebuild all or any part of the Leased Premises, and Tenant waives the right to (a) require Landlord to maintain, repair, or rebuild all or any part of said Leased Premises (unless such repairs are needed to cure damage to the Leased Premises caused by the gross negligence or willful misconduct of the Landlord), or (b) make repairs at the expense of Landlord pursuant to any contract, agreement, covenants, condition or restriction at any time during in effect. Tenant, its agents, employees and contractors, shall then have the lease termexclusive duty, at Tenant’s sole cost and expense, to make any and all alterations and respectively procure and provide all Authorizations, equipment, inventory, fixtures, stock in trade and other items necessary to conduct the permitted use as set forth above (whether on behalf of Tenant, its agents, employees and/or contractors) at the Leased Premises, all in accordance with this numbered Section 4 and numbered Section 24 hereof. Under no circumstances shall Tenant may equip be permitted to make any structural alterations or roof penetrations or otherwise go on the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation roof of the Building for without the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion prior written consent of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this LeaseLandlord. Tenant shall take promptly repair any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, damage to the extent the failure to obtain such certificatesBuilding caused by any alterations, permits additions or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made improvements undertaken by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of . Notwithstanding anything else contained in this Section or in this Lease to the contrary, until 10 days after such certificatesany improvements contemplated by Tenant which involve work on or to the roof or fire protection system of the Building, permits C. Tenant, in its discretion, may, at its sole expensemust be performed by the contractor normally used by Landlord for roofing or fire protection system work, as part of Tenant's Workthe case may be, erect interior and exterior signs. Tenant shall be entitled unless Xxxxxxxx agrees in writing to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationscontrary.

Appears in 1 contract

Samples: Lease (BYTE Acquisition Corp.)

Tenant Improvements. A. At any time during the lease term, Landlord agrees to provide a Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, Improvement Allowance of $360,000 for the operation plans, permits and construction of the Building approximately 9,000 square feet of Tenant improvements ("Improvements"). The final plan for the uses allowed under this Lease, all to these Tenant Improvements must be selected approved by Tenant in its reasonable discretion and all as specified in the Landlord (which approval shall not be unreasonably withheld or delayed). Upon final approval of such plans and specifications for the Improvements by Landlord and Tenant, Landlord shall cause the same to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be constructed in accordance with such local sign ordinances agreed-to plans and specifications and all applicable governmental regulationlaws. Tenant shall obtainhave the right to approve the final cost of constructing the Improvements, and if Tenant fails to approve same the parties shall mutually agree to engage in value engineering and otherwise cooperate with one another so that the final cost of constructing the Improvements is acceptable to Tenant. Tenant shall not be liable for the payment of any such costs of construction that it does not approve in writing. Upon completion of the construction of the Improvements, Landlord shall cooperate assign to Tenant on a non-exclusive basis (it being agreed that Landlord shall retain the right to itself pursue all such warranties) all contractors', subcontractors' and manufacturers' warranties in connection with the construction of the Improvements. If the cost of constructing the Improvements: (i) exceeds $360,000, Landlord shall pay the excess cost ("Excess") and in such event the monthly Base Rent shall be increased by the monthly amount needed to fully amortize the Excess over the Lease Term (at an interest rate of 10% per annum) in equal monthly installments (each such installment to include both principal and interest); or (ii) is less than $360,000, the difference shall be credited to Base Rent due hereunder over the initial Term of this Lease in equal monthly amounts; provided, however, in no event shall such credit reduce Base Rent to an amount less than $0.27 per square foot of area in the Premises per month. Landlord shall not be entitled to charge a construction management fee, but it is acknowledged that its general contractor will charge a contractor's fee in an amount approved by Landlord and Tenant's applications therefor, any and all permits as are required under such governmental regulations.

Appears in 1 contract

Samples: Lease (Sport Supply Group Inc)

Tenant Improvements. A. At any time during All work performed to the lease term, Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work Premises shall be performed done in a good and workmanlike manner and in strict compliance with all applicable building, fire, sanitary and safety codes, and other applicable laws. B. Upon , statutes, regulations, and ordinances. Prior to the commencement of any work, Tenant shall submit to Landlord’s Property Manager and obtain Landlord’s written consent to all of the following: Tenant’s plans, specifications and work drawings detailing the alteration, construction or changes to the Premises proposed by Tenant; Tenant’s estimated costs; and, the names of Tenant’s general contractors and major subcontractors, along with copies of contractors/subcontractors’ certificates of insurance and bonding. As required by law, Tenant shall apply for permits and submit permit plans to the City of Portland’s Bureau of Development Services or other appropriate City bureaus, or government agency with permitting responsibility, within ten (10) days of obtaining Landlord’s written consent to Tenant’s plans and specifications. All Tenant Improvement plans for construction, alteration or changes to the Premises shall be signed and sealed by an architect or engineer licensed by the State of Oregon. Tenant shall provide Landlord with proof of valid permits prior to commencement of any work and proof of inspection approval after work completion. The City of Portland’s Bureau of Development Services or other appropriate City bureaus shall be considered separate regulating or permitting bodies; the City’s Bureau of Parks and Recreation shall be deemed Landlord. Landlord’s written consent and approval of proposed or constructed Tenant Improvement shall create no responsibility or liability on the part of Landlord for design completeness, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities, and shall not be construed as Landlord’s warranty or approval of the adequacy, competence, experience, bonding or licensure of any contractors/subcontractors or the quality of the work that may be performed by these persons. Tenant remains liable to Landlord for non-compliance and defects in any work performed by Tenant’s contractors/subcontractors. All work performed by Tenant shall be carried forward expeditiously, shall not interfere with Landlord’s work or the work to be performed by or for other tenants, and shall be completed within a reasonable time. All work shall be completed in a good workmanlike manner. Landlord or Landlord’s employees or agents shall have the right at all reasonable times to inspect the quality and progress of the work. Tenant shall provide Landlord all construction drawings (inclusive of architectural, structural, mechanical, and electrical drawings) on computer disks in format readable by AutoCAD 2008 (or the appropriate version utilized by the City), at completion of Tenant's Workconstruction. Upon the expiration or termination of the Lease, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of remove from the Premises and building all of Tenant’s property and any alterations or improvements installed by or on behalf of Tenant, unless Tenant has obtained written consent from Landlord to leave such alteration or improvement in place as Landlord’s property. Such improvements may include, without limitation, any cabling, conduit or other equipment installed for the purposes contemplated in this Leasetelecommunications services. Tenant shall take promptly repair any corrective actiondamage to Landlord’s property caused by such removal, as required by inspection reports by and restore the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, area to the extent condition the failure area was in prior to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Leaseinstallation of the property in question. If Tenant is unable fails to obtain such certificatesremove its property, permits alterations or approvals improvements, Landlord may at its discretion keep or use some or all of the property as Landlord’s own without any compensation due to any existing noncompliance Tenant, or elect to remove, store and sell some or all of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be property in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtainlaw, and Landlord shall cooperate with at Tenant's applications therefor, any and all permits as are required under such governmental regulations’s expense.

Appears in 1 contract

Samples: Land Lease Agreement

Tenant Improvements. A. At any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary Whether or appropriate, as determined not required in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected any improvements constructed by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good constructed by using licensed, bonded and workmanlike manner and insured contractors approved by Landlord in compliance with all applicable laws. B. Upon completion federal, state, and municipal laws and rules and regulations of the departments and bureaus having jurisdiction thereof. Tenant shall pay all applicable costs, fees, and charges levied by any governmental agency or otherwise, attendant to the construction and operation of said improvements, including but not limited to municipal or other fees, permit costs, and other charges relating to the construction and operation of the Premises. Tenant is to perform all work and supply all materials at Tenant's sole cost and expense to make the subject Premises suitable for Tenant's specific use. Tenant shall obtain the written approval of Landlord prior to the commencement of any improvements. Landlord must approve both the improvements and the contractors to perform the work, which approval shall not be unreasonably withheld. No representations, inducements, understanding or anything of any nature whatsoever made, stated or represented by Landlord or anyone acting for or on Landlords behalf, either orally or in writing, have induced Tenant to enter into this Lease, and Tenant acknowledges, represents and warrants that Tenant has entered into this Lease under and by virtue of Tenant's Workown independent investigation. Tenant hereby accepts the Premises in an "as is" and "where is" condition without warranty of any kind, Tenant shall apply forexpress or implied, diligently pursueincluding, obtain without limitation, any warranty as to title, physical condition or the presence or absence of Hazardous Materials, and deliver if the Premises are not in all respects entirely suitable for the use or uses to Landlord a conditional or unconditional certificate of occupancy, which the Premises or any other permits or approvals part thereof will be put, then it is the sole responsibility and obligation of Tenant (subject only to the obligations of Landlord set forth in Exhibit "B", if any) to take such action as may be required by applicable laws for occupancy of necessary to place the Premises in a condition entirely suitable for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits use or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsuses.

Appears in 1 contract

Samples: Commercial Lease

Tenant Improvements. A. At (a) Tenant shall not place, demolish, decommission, or construct any time during improvements, structures, alterations, modifications, signs or additions in, to, or upon the lease term, Tenant may equip Premises without the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation prior written approval of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this LeaseCommission. Tenant shall take any corrective action, as required by inspection reports by submit a completed Construction Alteration Application for the applicable governmental authority, reasonably necessary to obtain Commission’s review. The Commission’s approval of such certificates, permits application shall not be unreasonably withheld or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by delayed. (b) Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expenserisk, as cost and expense shall construct all Tenant Improvements approved pursuant to this Agreement in strict compliance with: (i) all applicable Laws and conditions of record which affect the Premises, (ii) all Industry Standards, and (iii) the construction and development standards generally required by the Commission for construction on the Airport. (c) Tenant shall pay all taxes or fees and obtain all necessary permits, licenses, or approvals associated with construction of Tenant Improvements on the Premises. (d) Tenant’s completion of all Tenant Improvements in a timely manner in accordance with schedules agreed upon between Tenant and the Commission is a material part of Tenant's Work, erect interior and exterior signsthis Agreement. (e) Tenant shall obtain the Commission’s prior written approval of Tenant Improvements in accordance with the Commission’s standard process for approval of tenant improvements. Tenant shall be entitled to construct submit with any request for the maximum signage permitted under local sign ordinances Commission’s approval of a Tenant Improvement such preliminary engineering plans, architectural plans and other information as required by such Process. Tenant shall furnish copies of all such engineering, architectural plans and other applicable governmental regulationsinformation to the Massachusetts Department of Transportation, Aeronautics Division (“MassDOT”) and to the Federal Aviation Administration (“FAA”), if so directed by the Commission or MassDOT. All sign construction The Commission’s approval of Tenant Improvements may be withheld, granted or conditioned upon any reasonable basis that the Commission determines has or may have an impact upon the Commission, the Airport, its procedures or its efficient operation. Any such approval shall not be unreasonably delayed. The Commission shall not consent to any Tenant Improvement that would result in accordance the Commission or Tenant violating any of their respective obligations to the FAA or MassDOT, or that would be incompatible with existing and planned Aeronautical Activities of the Airport. (f) Upon completion of any Tenant Improvement, Tenant, at its own cost, shall make or have made as-built plans of such local sign ordinances Tenant Improvement and applicable governmental regulation. submit said plans to the Commission within thirty (30) days of Tenant’s completion of such Tenant Improvements. (g) If Tenant does not obtain the prior written approval of Tenant Improvements from the Commission, or if Tenant does not comply with the provisions and conditions of said approval, or does not submit as-built plans as required herein, the Commission may, upon reasonable prior notice, enter the Premises and restore the condition of the Premises, complete Tenant Improvements or have as-built plans made, as applicable, and Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, reimburse the Commission for any and all permits costs incurred in so doing and an additional 15% of such costs as are an administrative surcharge. In addition, in the event the Commission is required to complete any Tenant Improvement, under such governmental regulationsthe provisions of this subsection 7.3(g), Tenant agrees that upon request by the Commission, Tenant shall execute and deliver to the Commission an assignment of any construction contracts then in existence entered into by Tenant pertaining to Tenant Improvements. (h) For purposes of this Section 7.3, the Airport Manager may act on behalf of the Commission and Tenant shall submit all required applications and documentation to the Airport Manager.

Appears in 1 contract

Samples: Airport Lease and Operating Agreement (Experience Investment Corp.)

Tenant Improvements. A. At any time during the lease termTenant shall be responsible, Tenant may equip the Building with fixtures at its sole cost and personal property necessary or appropriate, as determined in Tenant's reasonable discretionexpense, for the operation performance of all work, if any, necessary to prepare the Premises for Tenant's occupancy, which work is currently anticipated to consist solely of ordinary office tenant fit-out work (the "Tenant Improvements"). If Tenant's preparation of the Building space for its usage necessitates a higher electrical capacity than is customary for office use, the provision of such additional capacity shall be undertaken by Tenant at Tenant's sole cost. Tenant agrees that the construction of Tenant Improvements and the Tenant's use of the Premises may not overburden the capacity of the Building's existing plumbing, mechanical, electrical, elevator or sewage systems unless Tenant agrees to be responsible for the uses allowed under this Lease, all to be selected by cost of such expenditures. Tenant shall complete the Tenant Improvements substantially in its reasonable discretion and all as specified in the accordance with plans and specifications prepared by it, submitted to Landlord and Landlord's current tenant, Health Plan Services, Inc., and is approved by Landlord and the aforesaid current tenant (such approval not to be delivered to Landlord from time to time ("Tenant's Work"unreasonably withheld or delayed). Tenant's Work Tenant shall be performed complete the Tenant Improvements in a good and workmanlike manner and in compliance accordance with all applicable laws. B. Upon completion laws and with all applicable requirements of Tenant's Workthis Lease relating to alterations; and such work shall only be performed by contractors and subcontractors who have been approved in writing by Landlord, such approval not to be unreasonably withheld. It shall be solely the responsibility of Tenant shall apply for, diligently pursue, obtain to cause the Premises to comply with the Americans with Disabilities Act ("ADA") and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits state or approvals local laws, ordinances or regulations relating thereto, except as may be required by applicable laws for occupancy of the Premises for the purposes contemplated otherwise expressly provided in Exhibit F or elsewhere in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain Any such certificates, permits alterations or approvals, modifications to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure Premises shall be performed by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole cost and expense, except as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be set forth in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsSection 15.4 hereof.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

Tenant Improvements. A. At any time during Upon execution of this lease, the lease term, Tenant may equip the Building with fixtures State shall develop plans and personal property necessary or appropriate, as determined in Tenant's reasonable discretionspecifications, for the operation alterations and improvements of the Building for the uses allowed under this Leasehome. Once completed, all to be selected by Tenant in its reasonable discretion and all as specified in the these plans and specifications will be forwarded to the landlord for review and determination of costs which they will provide to the Tenant. Tenant improvement costs must be delivered reviewed and approved by DDA-SOLA prior to construction. The landlord shall provide, at its sole cost and expense, all building and site improvements necessary to complete the DSHS approved plans and specifications. The landlord will be reimbursed by the State for these costs upon completion of all Tenant Improvements to the State's satisfaction and sign-off, including all construction punch list items. This reimbursement will be payable by check subject to issuance of a final Authority to Pay by the State. The Tenant, upon the written authorization of the DSHS Leased Facilities team, shall have the right during the existence of this Residential Rental Agreement, only with the prior express written permission of the Landlord from time (such permission shall not be unreasonably withheld), to time make alterations, attach fixtures, and erect additions, structures or signs ("Tenant's Work")collectively “improvements” or individually “improvement”) in or upon the premises hereby leased. Tenant's Work Such improvements on behalf of the tenant shall be performed in a good authorized by the DSHS Leased Facilities team and workmanlike manner managed and executed by DDA-SOLA. Performance of any of the rights authorized above shall be conducted in compliance with all applicable laws. B. governmental regulations, building codes, including obtaining any necessary permits. Upon completion Lease termination or expiration, any improvements placed in or upon or attached to the premises shall be the property of Tenant's Workthe Landlord, and the Tenant shall apply forhave no obligation or right to remove an improvement unless otherwise provided in the Landlord’s written approval related to that specific improvement. No improvement of any kind may occur without first obtaining a Landlord approved written agreement. Any damage caused by Tenant’s install and/or removal of any of the above items shall be properly repaired by the Tenant at their sole expense. Xxxxxxxx agrees to pay the prevailing rate of wage to all workers, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancylaborers, or mechanics employed in the performance of any other permits part of this Agreement only if Landlord cannot fix the issue itself, or approvals as may be when required by applicable laws for occupancy state law to do so, and to comply with the provisions of Chapter 39.12 RCW, as amended, and the rules and regulations of the Premises Department of Labor and Industries. The rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the purposes contemplated in locality or localities where this Lease. Tenant shall take any corrective action, Residential Rental Agreement will be performed as required by inspection reports determined by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance Industrial Statistician of the Building or its appurtenances with any present lawsDepartment of Labor and Industries, rules or regulations, which noncompliance does not relate to installations are by reference made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision a part of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, Residential Rental Agreement as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsthough fully set forth herein.

Appears in 1 contract

Samples: Residential Rental Agreement

Tenant Improvements. A. At any time during Subject to the lease term, Tenant may equip the Building with fixtures terms and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation provisions of the Building for the uses allowed under this Lease, Tenant may, at its sole cost and expense (but subject to reimbursement as provided in Paragraph 4 below), perform all work and alterations which may be necessary or desirable for Tenant to be selected by initially open and operate its business in the Premises (the “Tenant Improvements”) in its reasonable discretion and all as specified in accordance with the plans and specifications therefor as previously approved by Landlord (the “Plans and Specs”) and all Legal Requirements. The construction and installation of the Tenant Improvements in accordance with the Plans and Specs and Legal Requirements is sometimes referred to be delivered herein as the “Work.” Tenant shall not commence the Work unless and until Landlord has approved the plans and specifications for the Tenant Improvements, and Tenant has obtained all permits, approvals and authorizations required by any governmental authority or third party in accordance with all Legal Requirements (collectively, the “Permits”) and has provided evidence of the same to Landlord from time to time ("Tenant's Work")Landlord. Tenant's All of the Work shall be performed in a good and workmanlike manner by contractors and subcontractors approved by Landlord, free of liens and defects and in compliance with the Plans and Specs, Permits and all applicable laws. B. Upon completion of Tenant's WorkLegal Requirements. All contractors and subcontractors shall procure and maintain insurance against such risks, Tenant shall apply forin such amounts, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals with such companies as may be required by applicable laws for occupancy Landlord. Certificates of such insurance must be received by Landlord before the Work is commenced. Given the nature of the Premises for Tenant Improvements, it is likely that some of the purposes contemplated in this LeaseWork will be performed while the Building is being Substantially Completed, and, if so, then all aspects of the Work which will be performed prior to the Commencement Date must be coordinated with Landlord and Landlord’s contractors and shall be performed only at such times as Landlord and its contractors approve. In no event shall the Work interfere with or delay Landlord’s Substantial Completion of the Building. Landlord or its contractor or agent may inspect the Work at any time and from time to time. Tenant shall take any corrective actionreimburse Landlord for its costs in reviewing the Plans and Specs and in monitoring the Work, as required by inspection reports by the applicable governmental authority, reasonably necessary not to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance exceed five percent (5%) of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision total cost of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole expense, as part of Tenant's Work, erect interior and exterior signswithin ten (10) days following Landlord’s demand. Tenant shall notify Landlord when Tenant believes the Work is completed. The Work shall not be entitled to construct the maximum signage permitted under local sign ordinances deemed completed until Landlord has inspected and other applicable governmental regulations. All sign construction shall be in accordance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsconfirmed same.

Appears in 1 contract

Samples: Lease Agreement (Phunware, Inc.)

Tenant Improvements. A. At any time during the lease term, a. Tenant may equip the Building with fixtures and personal property necessary or appropriate, as determined in Tenant's reasonable discretion, for the operation of the Building for the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work shall be performed in a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion of Tenant's Work, Tenant shall apply for, diligently pursue, obtain and deliver to Landlord a conditional or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy of the Premises for the purposes contemplated in this Lease. Tenant shall take any corrective action, as required by inspection reports by the applicable governmental authority, reasonably necessary to obtain such certificates, permits or approvals, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole own expense and with prior written consent of the Landlord, make improvements or additions to the leased premises. It is expressly understood by the parties that if Tenant plans to make any structural changes, improvements, or additions to the leased premises including, but not limited to, removal of any wall, whether load-bearing or otherwise, any alteration to the existing structure, or installation of satellite dishes or any similar technological device, Tenant agrees to comply with all applicable federal, state, and local laws, rules, regulations, codes and ordinances and approval from the Landlord must be obtained prior to the initiation of the change, improvement or addition. b. If any costs or expenses are incurred by the Landlord in determining the effect and feasibility of changes, improvements, or additions on the structural integrity of the premises, the Tenant shall be responsible for reimbursing the Landlord for those costs and expenses. c. If any materials are removed from the leased premises, the Landlord shall have the first right of refusal to those materials at no cost to the Landlord. Tenant may at any time, at its own expense, as part install items of equipment, furniture and other personal property in or upon the leased premises. All such items shall remain the sole property of the Tenant's Work, erect interior in which Landlord shall have no interest. Such improvements, equipment and exterior signsfurnishings may be modified or removed by Tenant at any time. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances repair and other applicable governmental regulations. All sign construction shall be in accordance with restore within 90 days of installation, modification or removal of any such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications thereforitems, any and all permits damage to the leased premises. Nothing in this Lease shall prevent Tenant from purchasing items to be installed pursuant to a conditional sale or lease-purchase contract, or subject to a vendor’s lien or security agreement, as are required under security for the unpaid portion of the purchase price, provided that no such governmental regulationslien or security interest shall attach to any part of the leased premises or any property of the Landlord. d. Tenant shall have the right to install recreational equipment or other improvements on the common areas at its own expense, upon prior written approval of the Landlord. Tenant shall maintain recreational equipment in good condition and shall comply with all applicable standards for recreational equipment. At the Landlord’s request, Tenant shall remove any improvements or equipment at the end of the Lease, and repair any and all damage to the common areas resulting from the installation, modification or removal of improvements or equipment. e. All equipment and improvements shall remain the personal property of the Tenant at all times. However, at the end of this Lease, if Tenant does not remove any of the improvements or equipment from the leased premises and common areas after 90 days from the termination of the Lease, the improvements or equipment shall become the property of the Landlord and may be disposed of or used at the discretion of the Landlord.

Appears in 1 contract

Samples: Lease Agreement

Tenant Improvements. A. At Construction of any time during the lease term, Tenant may equip the Building with fixtures and personal property necessary future alterations or appropriate, as determined in Tenant's reasonable discretion, for the operation replacements of the Building for improvements on the uses allowed under this Lease, all to be selected by Tenant in its reasonable discretion and all as specified in the plans and specifications to be delivered to Landlord from time to time ("Tenant's Work"). Tenant's Work Premises shall be performed in accordance with and subject to the conditions hereinafter set forth, which Tenant covenants to observe and perform. County is providing the Premises to Tenant in an "as is'' condition. Subject to County's approval and consent, Tenant may install or construct any tenant improvements at its own and sole expense as may be necessary to fit said Premises for delivery of the Services and related uses. Preliminary design documents, construction drawings, and specifications for any proposed interior tenant improvements shall be prepared by a good and workmanlike manner and in compliance with all applicable laws. B. Upon completion licensed California architect/contractor at the sole expense of the Tenant's Work. Prior to the construction or installation of any improvements, Tenant shall apply forsubmit all preliminary and final design documents, diligently pursueconstruction drawings, obtain and deliver specifications for review and approval by the Los Angeles County Department of Public Works ("DPW"). The County shall endeavor to Landlord a conditional provide its approval or unconditional certificate of occupancy, or any other permits or approvals as may be required by applicable laws for occupancy disapproval to Tenant in writing within 30 days of the Premises for receipt of all final design documents, construction drawings, and specifications. Failure by the purposes contemplated in this LeaseCounty to provide written approval within 30 days shall be deemed approval. Tenant shall take any corrective actionmodify the final design documents, construction drawings, and specifications to conform to review comments by County. Comments shall not be unreasonably withheld or delayed. All work, construction and materials shall be shown in final working drawings and specifications. All circuit breakers, fire sprinklers, and plumbing shut off valves shall be labeled as required by inspection reports by to areas controlled both on the drawings and on the breaker panels and valves. Upon completion, Tenant shall furnish the County with one complete set of reproducible as- built drawings in electronic format including locations of all underground utility lines and their depths. The Premises shall meet all applicable governmental authorityFederal, reasonably necessary to obtain such certificatesState, permits or approvalsand local building codes, to the extent the failure to obtain such certificates, permits or approvals is attributable to any failure by Tenant to meet its construction obligations under this Lease. If Tenant is unable to obtain such certificates, permits or approvals due to any existing noncompliance of the Building or its appurtenances with any present laws, rules or regulations, which noncompliance does not relate to installations made by Tenant, then and ordinances required for beneficial occupancy. At Tenant's obligation to pay rent hereunder shall be postponed, notwithstanding any other provision of this Lease to the contrary, until 10 days after such certificates, permits C. Tenant, in its discretion, may, at its sole cost and expense, as part of Tenant's Work, erect interior and exterior signs. Tenant shall be entitled to construct the maximum signage permitted under local sign ordinances obtain all necessary permits and other applicable governmental regulationsjurisdictional approvals for any work, construction, and occupancy from DPW. All sign construction undertaken shall be in accordance conformance with such local sign ordinances and applicable governmental regulation. Tenant shall obtain, and Landlord shall cooperate with Tenant's applications therefor, any and all permits as are required under such governmental regulationsthe provisions of Article 21 hereof.

Appears in 1 contract

Samples: Lease Agreement

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