TENANT'S CARE OF THE PREMISES. (a) Tenant will maintain the Premises and the fixtures and appurtenances therein in a first-class condition, and will not commit or permit waste therein. Any repair work, maintenance and any alterations permitted by Landlord in the Premises (i) shall be done at Tenant's sole cost and expense; (ii) shall be done by Landlord's employees or agents or, with Landlord's reasonable consent, by persons requested by Tenant; and (iii) shall first be consented to by Landlord, such consent not to be unreasonably withheld or delayed; provided, however, Tenant shall be entitled to perform work within the Premises, with notice to, but not the consent of, Landlord as long as (i) the cost of such work does not exceed, in the aggregate, $5,000.00; (b) such work does not adversely affect the structural components of the Building or the Building's systems; (c) such work is not visible from the exterior of the Premises; (d) the terms and conditions of this Lease are otherwise complied with; and (e) Tenant delivers to Landlord, upon the completion of such work, complete, as-built plans and specifications for the work performed. Tenant shall, at Tenant's expense, but under the direction of Landlord and performed by Landlord's employees or agents, or with Landlord's consent, by persons requested by Tenant and consented to by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant's contractors, sub-contractors, customers, employees, licensees, agents, or invitees. Tenant shall also be responsible for moving all wires and cables installed by Tenant in the Premises and other portions of the Building to serve Tenant's telecommunication and computer systems in the Premises, and the removal of such wires and cables shall be effected by Tenant without damage to the Building and without interference with the business or operations of Landlord or any other tenant of the Building. (b) Tenant will not, without Landlord's prior consent, such consent not to be unreasonably withheld or delayed, make alterations, additions or improvements (including, but not limited to, structural alterations, additions or improvements) in or about the Premises and will not do anything to or on the Premises which will increase the rate of insurance on the Building or the Property. All alterations, additions or improvements of a permanent nature made or installed by Tenant to the Premises shall become the property of Landlord at the expiration or early termination of this Lease. Landlord reserves the right to require Tenant to remove any improvements or additions made to the Premises by Tenant and to repair and restore the Premises to their condition prior to such alteration, addition or improvement, reasonable wear and tear, unrepaired casualty and condemnation excepted; provided, however, Tenant shall not be required to remove any items from the Premises at the end of the Term which would be generally considered as normal office improvements, and with respect to other improvements, unless Landlord, as a part of any consent required of Landlord for work being performed by Tenant in the Premises, gives notice to Tenant, as a part of such consent, that such work must be removed by Tenant at the end of the Term. (c) No later than the last day of the Term, Tenant will remove Tenant's personal property and repair injury done by or in connection with installation or removal of said property and surrender the Premises (together with all keys, access cards or entrance passes to the Premises and/or the Building) in as good a condition at the beginning of the Term, reasonable wear and tear, unrepaired casualty and condemnation excepted. Any wires and wiring installed by or on behalf of Tenant within any riser of the Building shall be bundled together within such riser and a tag shall be placed on such bundle at each floor of the Building identifying the nature of each wire within the bundle and the name and telephone number of a representative of Tenant to contact in the case of an emergency. All property of Tenant remaining in the Premises after expiration or early termination of the Term shall be deemed conclusively abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of removing the same, subject however, to Landlord's right to require Tenant to remove any improvements or additions made to the Premises by Tenant pursuant to the preceding Paragraph. (d) In doing any work on the installation of Tenant's furnishings, fixtures, or equipment in the Premises, Tenant will use only contractors or workers consented to by Landlord, in Landlord's reasonable judgement, prior to the time such work is commenced. Landlord may condition its consent upon its receipt from such contractors or workers of acceptable (i) lien waivers; and (ii) evidence of liability and personal property insurance coverage in amounts and with insurance carriers satisfactory to Landlord. Tenant shall promptly remove any lien or claim of lien for material or labor claimed against the Premises or Building, or both, by such contractors or workers if such claim should arise, and hereby indemnifies and holds Landlord harmless from and against any and all loss, cost, damage, expense or liabilities including, but not limited to, attorney's fees, incurred by Landlord, as a result of or in any way related to such claims or liens. (e) All personal property brought into the Premises by Tenant, its employees, licensees and invitees shall be at the sole risk of Tenant, and Landlord shall not be liable for theft thereof or of money deposited therein or for any damages thereto, such theft or damage being the sole responsibility of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Carter William Co /Ga/), Lease Agreement (Carters Imagination Inc)
TENANT'S CARE OF THE PREMISES. (a) Tenant will maintain the Premises and the fixtures and appurtenances therein in a first-class condition, and will not commit or permit waste therein. Any repair work, maintenance and any alterations permitted by Landlord in the Premises (i) shall be done at Tenant's sole cost and expense; (ii) shall be done by Landlord's employees or agents or, with Landlord's reasonable consent, by persons requested by Tenant; and (iii) shall first be consented to by Landlord, such consent not to be unreasonably withheld or delayed; provided, however, Tenant shall be entitled to perform work within the Premises, with notice to, but not the consent of, Landlord as long as (i) the cost of such work does not exceed, in the aggregate, $5,000.00; (b) such work does not adversely affect the structural components of the Building or the Building's systems; (c) such work is not visible from the exterior of the Premises; (d) the terms and conditions of this Lease are otherwise complied with; and (e) Tenant delivers to Landlord, upon the completion of such work, complete, as-built plans and specifications for the work performed. Tenant shall, at Tenant's ’s sole expense, but under maintain the direction of Landlord and performed by Landlord's employees or agents, or with Landlord's consent, by persons requested by Tenant and consented to by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant's contractors, sub-contractors, customers, employees, licensees, agents, or invitees. Tenant shall also be responsible for moving all wires and cables installed by Tenant in the Premises and other portions interior of the Building in a neat, clean, sanitary condition and in good order and repair (making replacements as necessary). In addition, Tenant agrees to serve Tenant's telecommunication not overload, damage or deface the Premises; and computer systems to properly store and dispose of trash. Notwithstanding anything to the contrary contained herein, in the Premises, and the removal event of such wires and cables shall be effected by Tenant without damage to the Building and without interference with the business systems or operations of Landlord or any other tenant structural elements of the BuildingPremises due to the negligence of Tenant, its employees, agents, invitees or contractors, then Tenant shall be solely responsible for the necessary repairs and replacements; however, if Landlord receives any monies from any insurance carrier issuing insurance on the Premises and covering the damage which occurred, Landlord shall either credit against the amounts due from Tenant hereunder for repair of such damage the amount of the insurance actually received or, if Tenant shall be required to repair such damage, make such insurance proceeds available to Tenant to pay the actual costs incurred by Tenant to complete such repairs.
(b) Tenant will not, without Landlord's prior consent, such consent not to be unreasonably withheld or delayed, may make alterations, additions or improvements (including, but not limited to, structural to the Premises without the prior written consent of Landlord only if such alterations, additions or improvements) in improvements do not involve changes to the structural elements of the Base Building or about building systems and do not lessen the value of the Premises. In the event any such alterations, additions or improvements to be made involve structural elements of the Premises and will or building systems in the Building, the same shall only be made upon the prior written consent of Landlord, which consent Landlord shall not unreasonably withhold provided that such alterations, additions or improvements do anything to or on not lessen the value of the Premises which will increase or do not change the rate basic design or utility of insurance on the Building or the Property. All work performed in connection with such alterations, additions or improvements shall be performed in accordance with Legal Requirements and otherwise pursuant to the terms of this Lease. Any and all permits and governmental approvals in connection with any such work shall be obtained by the Tenant at its sole cost and expense prior to the commencement of any such work. Landlord agrees to cooperate with Tenant, at no Table of Contents expense to Landlord, in obtaining any such required permits or approvals. All alterations, additions or improvements of a permanent nature made or installed by Tenant to in the Premises shall become the property of Landlord at the expiration or early termination of this Lease. Landlord reserves the right to require Tenant to remove any improvements or additions made to the Premises by Tenant after the date hereof without Landlord’s consent (to the extent consent is required) and to repair and restore the Premises to their condition prior to such alteration, addition or improvement, reasonable wear and tear, unrepaired casualty and condemnation excepted; provided, however, Tenant shall not be required to remove any items from the Premises at the end of the Term which would be generally considered as normal office improvements, and with respect to other improvements, unless Landlord, as a part of any consent required of Landlord for work being performed by Tenant in the Premises, gives notice to Tenant, as a part of such consent, that such work must be removed by Tenant at the end of the Term.
(c) No later than (i) Tenant, at its expense, shall comply with all present or future Legal Requirements affecting the last day Premises and with any reasonable requirements of the Terminsurance companies insuring Landlord against damage, Tenant will remove loss or liability for accidents in or connected with the Premises to the extent that the same shall affect or be applicable to (i) Tenant's personal property and repair injury done by or in connection with installation or removal ’s particular manner of said property and surrender use of the Premises (together with all keysas opposed to its mere use thereof), access cards or entrance passes to the Premises and/or the Building) in as good a condition at the beginning of the Term, reasonable wear and tear, unrepaired casualty and condemnation excepted. Any wires and wiring installed by or on behalf of Tenant within any riser of the Building shall be bundled together within such riser and a tag shall be placed on such bundle at each floor of the Building identifying the nature of each wire within the bundle and the name and telephone number of a representative of Tenant to contact in the case of an emergency. All property of Tenant remaining in the Premises after expiration or early termination of the Term shall be deemed conclusively abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of removing the same, subject however, to Landlord's right to require Tenant to remove any improvements or additions made to the Premises by Tenant pursuant to the preceding Paragraph.
(d) In doing any work on the installation of Tenant's furnishings, fixtures, or equipment in the Premises, Tenant will use only contractors or workers consented to by Landlord, in Landlord's reasonable judgement, prior to the time such work is commenced. Landlord may condition its consent upon its receipt from such contractors or workers of acceptable (i) lien waivers; and (ii) evidence of liability alterations and personal property insurance coverage in amounts and with insurance carriers satisfactory to Landlord. Tenant shall promptly remove any lien or claim of lien for material or labor claimed against the Premises or Building, or both, by such contractors or workers if such claim should arise, and hereby indemnifies and holds Landlord harmless from and against any and all loss, cost, damage, expense or liabilities including, but not limited to, attorney's fees, incurred by Landlord, as a result of or in any way related to such claims or liens.
(e) All personal property brought into the Premises improvements made by Tenant, or (iii) a breach by Tenant of its employeesobligations under this Lease, licensees and invitees it being understood that Tenant shall be at the sole risk of Tenantnot be, and Landlord shall not be, responsible for complying with Legal Requirements or insurance requirements imposed on the Premises generally and which would have to be liable complied with whether Tenant was then in occupancy of the Premises. Nothing herein contained, however, shall be deemed to impose any obligation upon Tenant to make any structural changes or repairs unless necessitated by reason of a particular use by Tenant of the Premises. Landlord shall be responsible for theft thereof complying with all Legal Requirements affecting the design, construction and operation of the Base Building and/or Tenant Improvements or relating to the performance by Landlord of money deposited therein any duties or for any damages thereto, such theft or damage being the sole responsibility of Tenantobligations to be performed by it hereunder.
Appears in 1 contract
Samples: Lease Agreement (Ptek Holdings Inc)
TENANT'S CARE OF THE PREMISES. (a) Tenant will maintain the Premises and the fixtures and appurtenances therein in a first-class condition, normal wear and tear and casualty excepted, and will not commit or permit waste therein. Any repair work, maintenance and any alterations permitted by Landlord in the Premises (i) shall be done at Tenant's sole cost and expense; (ii) shall shall, with respect to material alternations or repairs which affect building systems, be done by Landlord's employees or agents or, with Landlord's reasonable consent, by persons requested by Tenant; and (iii) shall first be consented to by Landlord; provided that Landlord shall not unreasonably withhold or delay its consent for interior, such consent not to be unreasonably withheld or delayed; provided, however, Tenant shall be entitled to perform work within the Premises, with notice to, but not the consent of, Landlord as long as (i) the cost of such work does not exceed, in the aggregate, $5,000.00; (b) such work does not adversely affect the non-structural components of the Building or the Building's systems; (c) such work is not visible from the exterior of the Premises; (d) the terms and conditions of this Lease are otherwise complied with; and (e) Tenant delivers to Landlord, upon the completion of such work, complete, as-built plans and specifications for the work performedalterations. Tenant shall, at Tenant's expense, but under the direction of Landlord and performed by Landlord's employees or agents, or with Landlord's consent, by persons requested by Tenant and consented to by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant's contractors, sub-contractorssubcontractors, customers, employees, licensees, agents, or invitees. Tenant shall also be responsible for moving all wires and cables installed by Tenant in the Premises and other portions of the Building to serve Tenant's telecommunication and computer systems in the Premises, and the removal of such wires and cables shall be effected by Tenant without damage invitees (but only to the Building and without interference with the business or operations of extent not covered by insurance required to be maintained by Landlord or any other tenant of the Buildingunder this Lease).
(b) Tenant agrees to be wholly responsible at Tenant's sole cost and expense for the compliance of the Premises with the provisions of the Americans With Disabilities Act of 1990, as amended (the "ADA"). If it is determined that the interior, nonstructural portions of the Premises are not in compliance with the ADA to at least the minimum extent required under regulations then in effect, Tenant as its sole obligation, shall cause the interior, nonstructural portions of the Premises to be in compliance. Landlord hereby agrees to be responsible, at its sole cost and expense (subject to reimbursement by tenants of the Building including Tenant to the extent expressly provided elsewhere in this Lease) for the compliance of the Building with all such rules, regulations, laws and ordinances, unless such compliance arises out of Tenant's specific use of the Premises. Notwithstanding anything to the contrary contained in this Lease, Landlord shall be wholly responsible at Landlord's sole cost and expense for the compliance of the bathrooms, stairwell and elevator core located within and/or serving the 7th and 8th floors of the Building with all governmental laws, ordinances, regulations, codes and rules enacted and applicable prior to the Commencement Date of this Lease.
(c) Tenant will not, without Landlord's prior consent, such consent not to be unreasonably withheld or delayed, make alterations, additions or improvements (including, but not limited to, structural alterations, additions or improvementsimprovements but excluding cosmetic alterations such as painting, wall coverings and floor coverings and other improvements which do not affect the Building Systems and do not cost in excess of $25,000.00 and provided Tenant gives Landlord notice of such work at least 10 days prior to installation) in or about the Premises and will not do anything to or on the Premises which will increase the rate of insurance on the Building or the Property. All alterations, additions or improvements of a permanent nature made or installed by Tenant to the Premises shall become the property of Landlord at the expiration or early termination of this Lease. Landlord reserves the right to require Tenant to remove any improvements or additions made to the Premises by Tenant and to repair and restore the Premises to their condition prior to such alteration, addition or improvement, reasonable wear and tear, unrepaired casualty and condemnation excepted; provided, however, provided Landlord has notified Tenant shall not be required to remove any items from the Premises at the end of time Tenant requests the Term which would be generally considered as normal office improvementsright to make such alteration, and with respect to other improvements, unless Landlord, as a part of any consent required of Landlord for work being performed by Tenant in the Premises, gives notice to Tenant, as a part of such consent, addition or improvement that such work item must be removed by Tenant at the end expiration or early termination of the Term.
(cd) No later than the last day of the Term, Tenant will remove Tenant's personal property and repair injury done by or in connection with installation or removal of said property and surrender the Premises (together with all keys, access cards or entrance passes to the Premises and/or the Building) in as good a condition at the beginning of the Term, reasonable wear and tear, unrepaired casualty and condemnation excepted. Any wires and wiring installed by or on behalf of Tenant within any riser of the Building shall be bundled together within such riser and a tag shall be placed on such bundle at each floor of the Building identifying the nature of each wire within the bundle and the name and telephone number of a representative of Tenant to contact in the case of an emergency. All property of Tenant remaining in the Premises after expiration or early termination of the Term shall be deemed conclusively abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of removing the same, subject however, to Landlord's right to require Tenant to remove any improvements or additions made to the Premises by Tenant pursuant to the preceding Paragraph.
(de) In doing any work on the installation of Tenant's furnishings, fixtures, or equipment in the Premises, Tenant will use only contractors or workers consented to by Landlord, in Landlord's reasonable judgement, Landlord prior to the time such work is commenced. Landlord may condition its consent upon its receipt from such contractors or workers of acceptable (i) lien waivers; and (ii) evidence of liability and personal property insurance coverage in amounts and with insurance carriers satisfactory to Landlord. Tenant shall promptly remove any lien or claim of lien for material or labor claimed against the Premises or Building, or both, by such contractors or workers if such claim should arise, and hereby indemnifies and holds Landlord harmless from and against any and all loss, cost, damage, expense or liabilities including, but not limited to, reasonable attorney's fees, incurred by Landlord, as a result of or in any way related to Tenant's failure to timely remove such claims or liens.
(ef) All personal property brought into the Premises by Tenant, its employees, licensees and invitees shall be at the sole risk of Tenant, and Landlord shall not be liable for theft thereof or of money deposited therein or for any damages thereto, such theft unless caused by the negligence or damage being the sole responsibility willful misconduct of TenantLandlord.
Appears in 1 contract
Samples: Lease Agreement (Simmons Co /Ga/)
TENANT'S CARE OF THE PREMISES. (a) Tenant will maintain take good care of the Premises and all of Tenant's Improvements and all other improvements constructed by Tenant and the fixtures and appurtenances therein in a first-class conditiontherein, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant's responsibilities in conjunction therewith shall include, but not commit or permit waste thereinbe limited to, the cleaning of draperies, the shampooing and/or re-stretching of the carpeting located in the Premises, and the regular painting and decorating of the Premises so as to maintain the Premises in good condition and repair in accordance with the standards within the Project. Any All such repair work, work and maintenance and any alterations permitted by Landlord in or by this Lease without the Premises (i) requirement to obtain Landlord's consent shall be done at Tenant's sole cost and expense; (ii) shall be done by Landlord's employees or agents or, with Landlord's reasonable consent, expense by persons requested by Tenant; and (iiiTenant and, except as otherwise provided in Paragraph 7(b) shall first be below, consented to in writing by Landlord, such consent not to be unreasonably withheld or delayed; provided, however, Tenant shall be entitled to perform work within the Premises, with notice to, but not the consent of, Landlord as long as (i) the cost of such work does not exceed, in the aggregate, $5,000.00; (b) such work does not adversely affect the structural components of the Building or the Building's systems; (c) such work is not visible from the exterior of the Premises; (d) the terms and conditions of this Lease are otherwise complied with; and (e) Tenant delivers to Landlord, upon the completion of such work, complete, as-built plans and specifications for the work performed. Tenant shall, at Tenant's expense, but under the direction of Landlord and performed by Landlord's employees or agents, or with Landlord's consent, by persons requested by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant's contractors, sub-contractorssubcontractors, customers, employees, licensees, agents, or invitees. Tenant shall also be responsible for moving all wires and cables installed invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in the Premises and other portions or out of the Building to serve Tenant's telecommunication and computer systems in the Premises, and the removal of such wires and cables shall be effected by Tenant without damage to the Building and without interference with the business or operations of Landlord or any other tenant of the Building.
(b) Tenant will not, without Landlord's prior written consent, such consent not to be unreasonably withheld or delayed, make alterations, additions or improvements (including, but not limited to, structural alterations, additions or improvements) in or about the Premises and will not do anything to or on the Premises which will increase the rate of fire or other insurance on the Building or the Property. Notwithstanding the foregoing, and without any requirement to obtain Landlord's approval of the persons performing the work, Tenant may make reasonable, non-structural modifications and improvements to the interior of the Premises at any time that do not exceed an aggregate cost of $25,000 for all such modifications and improvements made within any six (6) month period. (For example, Tenant could not make non-structural modifications or improvements costing $20,000 in February of a particular year and then make additional non-structural modifications or improvements costing $15,000 in May of that same year without obtaining Landlord's consent, but could make non-structural modifications or improvements costing $25,000 in February of a particular year and then make additional non-structural modifications or improvements costing $25,000 in August of that same year without obtaining Landlord's consent.). All alterations, additions or improvements of a permanent nature made or installed by Tenant to in the Premises shall become the property of Landlord at the expiration or early termination of this Lease. Landlord reserves the right to require Tenant to remove any improvements or additions made to the Premises by Tenant and to repair and restore the Premises to their condition prior to such alteration, addition or improvement, reasonable wear and tear, unrepaired casualty not caused by Tenant, and condemnation excepted; provided, however, Tenant shall not be required to remove any items from the Premises at the end of the Term which would be generally considered as normal office improvements, and with respect to other improvements, unless LandlordLandlord has agreed in writing, as a part of any consent required of Landlord for work being performed by at or prior to the time Tenant in requests the Premisesright to make such alteration, gives notice to Tenant, as a part of such consentaddition or improvement, that such work must item need not be removed by Tenant at the end expiration or early termination of the TermLease.
(c) No later than the last day of the TermTerm or earlier termination as provided herein, Tenant will remove all Tenant's personal property and repair all injury done by or in connection with installation or removal of said property and surrender the Premises (together with all keys, access cards or entrance passes to the Premises and/or the Building) in as good a condition as they were at the beginning of the Term, reasonable wear and tear, unrepaired casualty not caused by Tenant, condemnation and condemnation obligations of Landlord excepted. Any wires and wiring installed by or on behalf of Tenant within any riser of the Building shall be bundled together within such riser and a tag shall be placed on such bundle at each floor of the Building identifying the nature of each wire within the bundle and the name and telephone number of a representative of Tenant to contact in the case of an emergency. All property of Tenant remaining in the Premises after expiration or early earlier termination of the Term shall be deemed conclusively abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of removing the same, subject however, to Landlord's right to require Tenant to remove any improvements or additions made to the Premises by Tenant pursuant to the preceding Paragraph.
(di) In Except as otherwise provided in Paragraph 7(b) above, in doing any work on the installation of Tenant's furnishings, fixtures, or equipment in the Premises, Premises Tenant will use only contractors contractors, subcontractors or workers consented to by Landlord, Landlord in Landlord's reasonable judgement, writing prior to the time such work is commenced, such consent not to be unreasonably withheld. Further, in connection with any work in the Premises, including work of the type described in Paragraph 7(b) above, either (A) Tenant, at its expense, shall obtain prior to commencement of any work in the Premises a performance and payment bond from its contractor, on the latest edition of the A.I.A. form, covering such contractor's obligations, in which Landlord may condition its consent upon its receipt from such contractors shall be named as a dual obligee, in the total amount of the cost of the work to be performed, or workers of acceptable (B) ALL SUCH CONTRACTORS OR WORKERS APPROVED IN WRITING BY LANDLORD AND THEIR SUBCONTRACTORS AND MATERIALMEN WILL BE REQUIRED TO EXECUTE AND DELIVER TO LANDLORD (i) lien waivers; and A FULL AND FINAL LIEN WAIVER WITH RESPECT TO THE WORK TO BE PERFORMED OR MATERIALS TO BE PROVIDED BY SUCH CONTRACTOR, WORKER, SUBCONTRACTOR OR MATERIALMAN IN ADVANCE OF PERFORMING ANY WORK IN OR PROVIDING ANY MATERIALS TO THE PREMISES, AND (ii) evidence of liability and personal property insurance coverage in amounts and with insurance carriers satisfactory to Landlord. AN INSTRUMENT IN FORM AND SUBSTANCE SATISFACTORY TO LANDLORD, THE HOLDER OF ANY MORTGAGE COVERING ALL OR ANY PART OF THE PROPERTY AND ANY TITLE INSURANCE COMPANY INSURING TITLE TO ALL OR ANY PART OF THE PROPERTY, WHEREBY SUCH CONTRACTOR, ITS SUBCONTRACTORS AND ITS AND THEIR MATERIALMEN AGREE (IRRESPECTIVE OF ANY DEFAULT OR FAILURE TO PAY BY TENANT OR ANY SUCH CONTRACTOR, SUBCONTRACTOR OR MATERIALMAN) PROVIDING THAT THEY AND EACH OF THEM WILL LOOK SOLELY TO THE DEFAULTING PARTY AND/OR ANY EXISTING PAYMENT BOND, OR BOTH, FOR SATISFACTION UPON SUCH DEFAULT., AND NO CONTRACTOR, WORKER, SUBCONTRACTOR OR MATERIALMAN WILL BE PERMITTED TO COMMENCE ANY WORK IN OR PROVIDE ANY MATERIALS TO THE PREMISES UNTIL SUCH FULL AND FINAL LIEN WAIVER AND INSTRUMENT IS SO EXECUTED AND DELIVERED TO LANDLORD.
(ii) Tenant shall promptly remove any lien or claim of lien for material or labor claimed against the Premises or Building, or both, by such contractors or workers workmen if such claim should arise, and hereby indemnifies and holds Landlord harmless from and against any and all losslosses, costcosts, damagedamages, expense expenses or liabilities including, but not limited to, attorney's fees, incurred by Landlord, as a result of or in any way related to such claims or such liens. All work shall be performed in accordance with the Legal Requirements. If Tenant fails to bond off in a manner reasonably acceptable to Landlord or otherwise release of record any such lien within 30 days after the filing thereof, Landlord may remove such lien by paying the full amount thereof or by bonding or in any other manner Landlord reasonably deems appropriate, without investigating the validity thereof and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of such lien, together with expenses incurred in connection therewith, including attorneys' fees. Nothing contained herein shall be construed as a consent on the part of Landlord to subject Landlord's estate in the Premises to any lien or liability under the laws of the State of Missouri.
(e) All personal property brought into the Premises by Tenant, its employees, licensees and invitees shall be at the sole risk of Tenant, and Landlord shall not be liable for theft thereof or of money deposited therein or for any damages thereto, such theft or damage being the sole responsibility of Tenant.
(i) Tenant, at its expense, shall comply with all present or future Legal Requirements affecting the Premises and with any reasonable requirements of the insurance companies insuring Landlord against damage, loss or liability for accidents in or connected with the Premises to the extent that the same shall affect or be applicable to (i) Tenant's particular manner of use of the Premises (as opposed to its mere use thereof), (ii) alterations and improvements made by Tenant, or (iii) a breach by Tenant of its obligations under this Lease, it being understood that Tenant shall not be, and Landlord shall be, responsible for complying with Legal Requirements or insurance requirements imposed on the Building generally and which would have to be complied with whether or not Tenant was then in occupancy of the Premises. Nothing herein contained, however, shall be deemed to impose any obligation upon Tenant to make any structural changes or repairs unless necessitated by Tenant's acts or omissions or by reason of a particular use by Tenant of the Premises. Landlord shall be responsible for complying with all Legal Requirements affecting the design, construction and operation of the Building or relating to the performance by Landlord of any duties or obligations to be performed by it hereunder.
(ii) The parties acknowledge that Title III of the Americans With Disabilities Act of 1990 and the regulations and rules promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the "ADA") establish requirements for accessibility and barrier removal, and that such requirements may or may not apply to the Premises and the Property depending on, among other things: (1) whether Tenant's business is deemed a "public accommodation" or "commercial facility", (2) whether such requirements are "readily achievable", and (3) whether a given alteration affects a "primary function area" or triggers "path of travel" requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the common areas, the Premises and the Property (except for compliance requirements triggered by the Tenant Improvements) (b) Tenant shall be responsible for ADA Title III compliance within the Premises to the extent compliance requirements are triggered by the Tenant Improvements, and (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III "path of travel" requirements triggered by alterations within the Premises made subsequent to the commencement of the Term at the request of Tenant.
Appears in 1 contract
Samples: Lease Agreement (Labone Inc/)
