Tenant’s Alterations. (a) Except for completion of the Initial Improvements pursuant to the Workletter, the following provisions shall apply to the completion of any Tenant Alterations: (1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayed, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of the Building. (2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. If Tenant elects to have Landlord construct the Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord's then standard rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee. (3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and
Appears in 1 contract
Samples: Office Lease Agreement (Citadel Security Software Inc)
Tenant’s Alterations. (a) Except for completion of the Initial Improvements pursuant to the Workletter, the following provisions shall apply to the completion of any " Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems Building system serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten five (105) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Lawlaw) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayed, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect effect the Building's systems, including, Including. without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, . Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything the foregoing, Landlord's approval shall not be required with respect to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or alteration(s) to the Premises totaling which (a) together cost Fifteen Thousand and No/100 Dollars ($15,000.00) or less less, and (b) do not affect, in any single instance without Landlord’s prior written consentway, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems and/or structural components of the BuildingPremises or Property.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property Building occasioned thereby. If Tenant elects to have Landlord construct the In connection with completion of any Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord's then standard rate; provided, but Landlord however, such construction fee shall not otherwise be entitled in any event exceed two percent (2%) of the contract amount with respect to charge a construction management or similar fee in connection with any such Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgageetherewith.
(3) Tenant agrees to complete cause to be completed all Tenant Alterations (iI) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, andand (II) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Low in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. Such supervision or right to supervise by Landlord or any approvals given by Landlord under this Lease shall not constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant's intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord In connection with the performance of such work.
(b) All Tenant Alterations which cannot be removed without substantial damage to the Premises, whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant may remove them or s required to remove them at Landlord's request.
Appears in 1 contract
Samples: Office Lease (Americo Life Inc)
Tenant’s Alterations. Prior to making any alterations to the Premises, Tenant shall submit plans and specifications to Landlord for its review and approval (a) Except and for completion the Prime Landlord's approval, to the extent required by the terms of the Initial Improvements pursuant Lease). All such alterations shall be subject to all terms and conditions of the Lease. If Tenant shall make any alterations to the WorkletterPremises then Landlord may elect, at the following provisions shall apply time that it approves Tenant's plans for the same, if leaving any of same would render the Premises unmarketable or would materially increase the cost of either demolishing the Premises or making it ready for another tenant/subtenant, to require the Tenant at the expiration or sooner termination of the term of this Sublease to remove those alterations which would render the premises unmarketable or would materially increase the cost of either demolishing the Premises or making it ready for another tenant/subtenant and repair any damage caused by such removal. Subject to the completion of any Tenant Alterations:
(1) immediately preceding sentence, Tenant shall not, except as provided herein, without the prior written consent remove such alterations and additions made by Tenant and all of Landlord, which consent its personal property and shall not be unreasonably withheld or delayed, make or cause to be made repair any Tenant Alterations in or damages to the Premises or any Property systems serving the PremisesBuilding caused by their installation or by such removal. Prior Landlord agrees to making any use reasonable efforts to obtain listings for Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices in the building directory located on the first floor of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consentthe Building. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayed, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of the Building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. If Tenant elects to have Landlord construct the Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord's then standard rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion Tenant's proportionate share of Tenant Alterations, Tenant shall furnish the total listings available to Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering (provided Landlord obtains all labor and materials expended and used in connection therewith and necessary approvals for such other documentation reasonably requested by Landlord or Mortgageelistings).
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and
Appears in 1 contract
Samples: Sublease (Hoovers Inc)
Tenant’s Alterations. (a) Except for completion of the Initial Improvements pursuant to the Workletter, the The following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property Building systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibilitynonresponsibility. At the time that Landlord may respond in the affirmative to any request by Tenant to make such Tenant Alterations, Landlord shall advise Tenant whether or not Tenant shall be required to remove the Tenant Alterations upon the expiration of the Lease Term. Tenant may remove any Tenant's Alterations whether or not Landlord requires the same to be removed pursuant to the preceding sentence and such removal shall be performed in accordance with Article 12 of this Lease. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by LandlordLandlord (except no such approval need be obtained with respect to Decorations), which approval shall not be unreasonably withheld or delayedwithheld, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Any contractor designated by Landlord as set forth above shall charge competitive rates for the completion of Tenant's Alterations. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specificationsspecifications (if required by the permitting agency), opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely unreasonably affect the Building's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. A performance bond shall be required for all Tenant Alterations costing in excess of $30,000.00 in any single instance. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of the Building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property Building occasioned thereby. If Tenant elects to have Landlord construct the In connection with completion of any Tenant Alterations, Tenant shall pay Landlord a construction fee equal to three (3%) percent of the construction cost of such Tenant Alterations and all elevator and hoisting charges at Landlord's then standard reasonable rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, andand (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant's intended use, or of compliance with the requirements of Section 9.01(a) (3) (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Alterations whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant removes them or is required to remove them at Landlord's request. Tenant shall not be required to remove the Landlord's Work installed as of the Commencement Date of this Lease.
Appears in 1 contract
Tenant’s Alterations. Tenant will not cut or drill into or secure any fixture, apparatus or equipment or make alterations, improvements or physical additions (acollectively, “Alterations”) Except for completion of any kind to any part of the Initial Improvements pursuant Premises without first obtaining Landlord’s written consent, such consent not to the Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Other than Minor Alterations (as described below), make Alterations shall, at Landlord’s option, be done by Landlord at Tenant’s sole cost and expense. Landlord’s consent shall not be required for (i) the installation of any office equipment or fixtures including internal partitions which do not require disturbance of any structural elements or systems (other than attachment thereto) within the Building or (ii) other work, including decorations, which does not require disturbance of any structural elements or cause an adverse effect to any Project systems (other than attachment thereto) within the Building, which does not require a construction permit from a governmental authority and which costs in the aggregate less than $50,000.00 per event of improvement (“Minor Alterations”), which Alterations shall be performed by Tenant at Tenant’s sole cost. Tenant, prior to the commencement of labor or supply of any materials for any Alteration which requires the disturbance of any structural elements or systems, must furnish to Landlord (i) a duplicate or original policy or certificates of insurance evidencing (a) general public liability insurance for personal injury and property damage in the minimum amount of $1,000,000.00 combined single limit, (b) statutory xxxxxxx’x compensation insurance, and (c) employer’s liability insurance from each contractor to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant employed (all such policies shall give Landlord ten be non-cancelable without thirty (1030) days prior written notice to Landlord and shall be in amounts and with companies satisfactory to Landlord); (or ii) construction documents prepared and sealed by a registered Texas architect; (iii) all applicable building permits required by law; and (iv) an executed, effective waiver of mechanics liens from such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies all sub-contractors in states allowing for such waivers or the cost of such alteration must be bonded by Tenant. In connection with all contracts. All Tenant Alterations involving Landlord’s approval, Landlord shall be completed at entitled to collect a construction management fee equal to five percent (5%) of the cost of the Alterations in connection with Landlord’s services in supervising and review of such time and in such manner as Alterations. Any approval by Landlord may from time permitting Tenant to time designate, and only by contractors do any or mechanics approved by Landlord, which approval shall not cause any work to be unreasonably withheld or delayed, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work done in or about the BuildingPremises shall be and hereby is conditioned upon Tenant’s work being performed by workmen and mechanics working in harmony and not interfering with labor employed by Landlord, Landlord’s mechanics or their contractors or by any other tenant or their contractors. If at any time any of the workmen or mechanics performing any of Tenant’s work shall be unable to work in harmony or shall interfere with any labor employed by Landlord, other tenants or their respective mechanics and contractors, then the permission granted by Landlord may further condition its consent upon to Tenant furnishing permitting Tenant to Landlord and Landlord approving prior to the commencement of do or cause any work to be done in or delivery of materials about the Premises, may be withdrawn by Landlord upon forty-eight (48) hours’ written notice to Tenant. At the Premises related to the time Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in installs any way adversely affect the Building's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver have the right to request of Landlord whether Landlord shall require removal of such Alterations at the end of the Term. Failure of Landlord to respond to Tenant within fifteen (15) days of such request shall be deemed an as-built mylar agreement that such Alterations may remain in the Premises at the end of the term. All Alterations (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property upon installation. Except for Landlord’s Work or as otherwise expressly provided herein, the Alterations may be removed by Tenant at any time during the Term (so long as Tenant repairs any damage caused by such removal). Subject to the immediately succeeding sentence, Landlord may provide written notice to Tenant to remove any Alterations no later than sixty (60) days prior to the expiration of this Lease, in which event (and digitized (if availableat such time) set of plans Tenant shall promptly remove such Alterations and specifications for restore the Tenant AlterationsPremises to good order and condition. Notwithstanding anything to the contrary contained hereinin this Lease, after in no event shall Tenant be required to pay for or perform removal of Landlord’s Work at the Tenantend of the Term. At Lease termination, all furniture, movable trade fixtures and equipment (including telephone, security and communication equipment system wiring and cabling) shall, at Landlord’s Initial Improvements are madeoption, be removed by Tenant may make any alterations or physical additions and shall be accomplished in or a good and workmanlike manner so as not to damage the Premises totaling Fifteen Thousand or Building and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, such manner so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of to disturb other tenants in the Building.
(2) Tenant . All such installations, removals and restoration shall pay the cost of all Tenant Alterations be accomplished in a good and the cost of decorating workmanlike manner so as not to damage the Premises or Building and any work in such manner so as not to disturb other tenants in the Property occasioned therebyBuilding. If Tenant elects fails to have remove any items required to be removed pursuant to this Article, Landlord construct may (without liability to Tenant for loss thereof and without prior notice thereof to Tenant), at Tenant’s sole cost and expense and in addition to Landlord’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items and the reasonable costs and expenses thereof shall be deemed Additional Rent hereunder and shall be reimbursed by Tenant Alterationsto Landlord within fifteen (15) business days of Tenant’s receipt of an invoice therefor from Landlord; and/or (b) sell all or any such items at private or public sale for such price as Landlord may obtain. Landlord will apply the proceeds of any such sale to any amounts due to Landlord under this Lease from Tenant (including, without limitation, Landlord’s attorneys’ fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant within thirty (30) days after such sale provided that no Event of Default has occurred and is then continuing. Tenant shall pay indemnify, defend, protect and hold Landlord a construction fee at Landlord's then standard rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with harmless from all claims resulting from any Tenant Alterations. Upon completion removal and/or disposition of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers any of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested the above-described property by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements this Article other than any claim resulting from the gross negligence or willful misconduct of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and.
Appears in 1 contract
Samples: Lease Agreement (SolarWinds, Inc.)
Tenant’s Alterations. (a) Except for completion of the Initial Improvements pursuant to the Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayedwithheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's ’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayedwithheld, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building's ’s systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Five Thousand and No/100 Dollars ($15,000.005,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-life safety or plumbing systems of the Building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. If Tenant elects to have Landlord construct the Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord's then standard rateof two percent (2%) of the cost of construction, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' ’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's ’s standard construction rules and regulations, andand (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Alterations whether installed by Landlord at Tenant’s written request, or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
Appears in 1 contract
Samples: Office Lease Agreement (E2open Inc)
Tenant’s Alterations. (a) Except for completion of the Initial Improvements pursuant to the WorkletterWork Letter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayedwithheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Lawlaw) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayedwithheld, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in of the Building Real Property and their respective agents and contractors performing work in or about the BuildingReal Property. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the BuildingProperty's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in of the BuildingProperty, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of the Building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to on the Property occasioned thereby. If Tenant elects to have Landlord construct the In connection with completion of any Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord's then standard rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, andand (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant's intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Alterations whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the
Appears in 1 contract
Samples: Office Lease (Canaan Energy Corp)
Tenant’s Alterations. (a) Except for completion of the Initial Improvements TI Work undertaken by Tenant pursuant to the WorkletterWork Letter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned, or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibilityresponsibility or to otherwise object to such Tenant Alterations, as may be provided herein. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work Permitted Alterations without Landlord's ’s prior written consent, but Tenant shall coordinate scheduling with Landlord’s property manager to avoid any disruption of other work being performed in or about the Building or the Project. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld withheld, conditioned, or delayed, and whose work will not cause or threaten to cause material disharmony or interference with Landlord or other tenants in the Building or the Project and their respective agents and contractors performing work in or about the BuildingBuilding or the Project. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving (which approval will not be unreasonably withheld, conditioned, or delayed) prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way materially and adversely affect the Building's ’s systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of the Building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property or Building occasioned thereby. If Tenant elects to have Landlord construct the Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord's then standard rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' ’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard ’s standard, commercially reasonable construction rules and regulations, andand (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord promptly if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall promptly take such steps as are reasonably necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request; provided, however, notwithstanding anything in this Article Nine or in Article Twelve to the contrary, subject to Section 6.04 with respect to removal of electronic, fiber, phone and data cabling, wiring and related equipment, Tenant shall not be required to remove any or all of the TI Work or any Tenant Alterations, unless, with respect to any Tenant Alterations, Landlord notified Tenant of any such removal requirement prior to installation of such Tenant Alterations.
Appears in 1 contract
Samples: Lease Agreement (PBSJ Corp /Fl/)
Tenant’s Alterations. (a) Except for completion of the Initial Improvements pursuant to the Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) The Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, make or cause to be made any Tenant Alterations in alterations, additions or improvements or erect or cause to be erected any partitions or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades, awnings, exterior decorations or make any changes to the Premises or any Property systems serving without first obtaining the Premises. Prior Landlord’s written approval thereto, such approval not to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayed, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in case of alterations, additions or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior improvements to the commencement interior of any work or delivery of materials to the Premises related to Premises.
(b) All fixtures installed by the Tenant Alterations such of the following as specified by Landlord: architectural plans and specificationsshall be new, opinions from engineers reasonably acceptable to Landlord stating provided that the Tenant Alterations will may install its usual trade fixtures in its usual manner so long as such installation has first been approved by the Landlord and does not damage the structure of the Premises.
(c) The Tenant shall not install in or for the Premises any way adversely affect the Building's systemsspecial locks, includingsafes, without limitation, the mechanical, heating, plumbing, security, ventilating, or apparatus for air-conditioning, electricalcooling, and heating, illuminating, refrigerating or ventilating the fire and life safety systems in Premises without first obtaining the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in ’s written approval thereto.
(d) When seeking the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion approval of the Tenant Alterations such Landlord as a performance bond or letter of credit. Upon completion of required by this Article, the Tenant Alterations, Tenant shall deliver present to the Landlord an as-built mylar and digitized (if available) set of plans and specifications for of the proposed work.
(e) The Tenant Alterations. Notwithstanding anything shall promptly pay all contractors, material suppliers and workmen so as to minimize the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or possibility of a lien attaching to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) should any claim or less in any single instance without Landlord’s prior written consent, so long as such alterations lien be made or physical improvements do not affect filed the mechanical, electrical, structural, life-safety or plumbing systems of the Building.
(2) Tenant shall pay discharge the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. If Tenant elects to have Landlord construct the Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord's then standard rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgageesame.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and
Appears in 1 contract
Samples: Lease Amendment and Consent Agreement (NACG Holdings Inc.)
Tenant’s Alterations. (a) Except for completion of the Initial Improvements Tenant Work undertaken by Tenant pursuant to the Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayedwithheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayedwithheld, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of the Building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. If Tenant elects to have Landlord construct the Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord's then standard rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, andthe
Appears in 1 contract
Samples: Office Lease (Nichols Txen Corp)
Tenant’s Alterations. (a) Except for completion Construction by Tenant of Tenant's Alterations shall be governed by the Initial Improvements pursuant to the Workletter, the following provisions shall apply to the completion of any Tenant Alterationsfollowing:
(1) A. Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld construct any Tenant's Alterations or delayed, make or cause to be made any Tenant Alterations in or to otherwise alter the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlordapproval, which approval shall not be unreasonably withheld withheld, conditioned or delayed, and whose work will delayed so long as such Alterations do not cause or threaten to cause disharmony or interference with Landlord or other tenants in affect mechanical systems of the Building and their respective agents and contractors performing work in or about structural portions of the Building or would diminish the value of the Building. Tenant shall be entitled, without Landlord's prior approval, to make Tenant's Alterations (i) which do not affect the structural or exterior parts or water tight character of the Building, and (ii) the reasonably estimated cost of which, plus the original cost of any part of the Premises removed or materially altered in connection with such Tenant's Alterations, together do not exceed the Permitted Tenant's Alterations Limit specified in Section O of the Summary per work of improvement. In the event Landlord's approval for any Tenant's Alterations is required, then the following shall occur: (i) Tenant shall not construct the Tenant's Alterations until Landlord may further condition its consent upon has approved in writing the plans and specifications therefor, and such Tenant's Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord and (ii) Tenant furnishing shall pay to Landlord on demand all costs and expenses actually incurred by Landlord approving prior to in connection with the commencement review of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable . Tenant's Alterations constructed by Tenant shall be constructed by a licensed contractor in accordance with all Laws using new materials of good quality.
B. Tenant shall not commence construction of any Tenant's Alterations until (i) all required governmental approvals and permits have been obtained; (ii) all requirements regarding insurance imposed by this Lease have been satisfied; (iii) Tenant has given Landlord at least five days' prior written notice of its intention to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building's systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electricalcommence such construction, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form (iv) if reasonably requested by Landlord. , Tenant has obtained contingent liability and broad form builders' risk insurance in an amount reasonably satisfactory to Landlord may, in if there are any perils relating to the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of proposed construction not covered by insurance carried pursuant to Article 9.
C. All Tenant's ability to complete Alterations shall be constructed at Tenant's sole expense and pay for remain the completion property of Tenant during the Lease Term but shall not be altered or removed from the Premises. At the expiration or sooner termination of the Tenant Lease Term, all Tenant's Alterations such shall be surrendered to Landlord as a performance bond or letter of credit. Upon completion part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant to remove any Tenant's Alterations, Tenant shall deliver so remove such Tenant's Alterations prior to Landlord an as-built mylar and digitized (if available) set the expiration or sooner termination of plans and specifications for the Tenant AlterationsLease Term. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of the Building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. If Tenant elects to have Landlord construct the Tenant Alterationsforegoing, Tenant shall pay Landlord a construction fee at Landlordnot be obligated to remove any Tenant's then standard rate, but Landlord shall not otherwise be entitled Alterations with respect to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Tenant's Alterations in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with question; (ii) at the time Tenant requested Landlord's standard construction rules approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Tenant's Alterations at the expiration of the Lease Term; and regulations(iii) at the time Landlord granted its approval, andit did not inform Tenant that it would require Tenant to remove such Tenant's Alterations at the expiration of the Lease Term.
Appears in 1 contract
Samples: Lease Agreement (Hearme)
Tenant’s Alterations. (a) Except Tenant shall have the right, at its sole expense, from time to time, to redecorate the Premises and to make such interior alterations, additions, improvements and- changes such parts thereof'as Tenant shall deem expedient or necessary for completion its purposes; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the Initial Improvements pursuant to Building, nor affect the Workletter, the following provisions shall apply to the completion size of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving alter the Premisesfacade thereof. Prior Notwith- standing the foregoing, Tenant reserves the right to making any Tenant Alterationsmake alterations required pursuant to a permitted assignment or subletting under Article XI hereof, so long as the structural contained this Section 7.4 to the contrary notwithstanding, Tenant shall give Landlord ten (10) days prior written notice (not make changes to the exterior or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices structural portions of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work the Premises without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlordapproval, which approval shall not be unreasonably withheld or delayeddelayed unreasonably. For purposes of this Section 7.4, Landlord's consent to any such alterations shall not be deemed to be withheld unreasonably if such alterations would materially change the size of the Premises or alter the facade of the Premises (except in connection with a permitted assignment of this Lease, where Tenant's assignee. desires to install its own exterior signs). Upon the expiration of this Lease, Tenant may, at its option, remove all such redecorations, alterations, additions, improvements and changes, request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi public for the purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to or upon said Tenant will indemnify and hold Landlord harmless from and against all claims by reason of such alterations, additions, or improvements which may be made by Tenant on the Premises, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of shall promptly repair any work or delivery of materials damage to the Premises related to or the Tenant Alterations Building caused by any such of the following as specified by Landlord: architectural plans and specificationsalterations, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building's systemsadditions, includingimprovements, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of the Buildingchanges.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. If Tenant elects to have Landlord construct the Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord's then standard rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Alterations. (a) Except for completion of the Initial Improvements Tenant Work undertaken by Tenant pursuant to the WorkletterWork Letter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayedwithheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibilityresponsibility or to otherwise object to such Tenant Alterations, as may be provided herein. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's ’s prior written consentconsent but Tenant shall coordinate scheduling with Landlord’s property manager to avoid any disruption of other work being performed in or about the Building or Property. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which designation and approval shall not be unreasonably withheld or delayedwithheld, and whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Tenant Alterations will not in any way adversely affect the Building's ’s systems, including, without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. For Tenant Alterations costing over $100,000, Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant AlterationsAlterations which are not Decoration work, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding anything to the contrary contained herein, after the Tenant’s Initial Improvements are made, Tenant may make any alterations or physical additions in or to the Premises totaling Fifteen Thousand and No/100 Dollars ($15,000.00) or less in any single instance without Landlord’s prior written consent, so long as such alterations or physical improvements do not affect the mechanical, electrical, structural, life-safety or plumbing systems of the Building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property or Building occasioned thereby. If Tenant elects to have Landlord construct the In connection with completion of any Tenant Alterations, Tenant shall pay Landlord a construction fee all elevator and hoisting charges at Landlord's ’s then standard rate, but Landlord shall not otherwise be entitled to charge a construction management or similar fee in connection with any Tenant Alterations. Upon completion of Tenant AlterationsAlterations which are not Decoration work, Tenant shall furnish Landlord with contractors' ’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's ’s standard construction rules and regulations, andand (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of Section 9.01(a) (3) (i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request.
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