TENANT'S CHANGES. 13.01 Tenant shall not during the term of this lease, make alterations, additions, installation, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised Premises. In the event Landlord approves any requested Tenant’s Changes, Tenant agrees that these will be subject to the following conditions: (a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected; (b) no part of the Building outside of the Demised Premises shall be physically affected; (c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased; (d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and (e) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done for Landlord’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations. (f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes. (g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area). (h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.
Appears in 2 contracts
Samples: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)
TENANT'S CHANGES. 13.01 12.01. Tenant shall not during not, without first obtaining the term written consent of this leaseLandlord, make any alterations, additionsadditions or improvements in, installation, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised Premises. In the event Landlord approves any requested Tenant’s Changes, Tenant agrees that these will be subject to the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) no part of the Building outside of about the Demised Premises shall be physically affected;
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
(d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and
(e) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done for Landlord’s approval and “Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such changeChanges”). Notwithstanding the foregoing, Landlord’s approval of plans and specifications consent shall not be required in connection with for any cosmetic Tenant Changes that (i) are non-structural changeand will not, in Landlord’s sole judgment, affect the estimated cost HVAC, electric, sanitary, elevator or other Building systems serving the Demised Premises or any other portion of whichthe Building (“Major Changes”), and (ii) do not cost, in the aggregate, does not exceed seven thousand five hundred more than (a) Thirty-Five Thousand Dollars ($7,500.0035,000.00) dollars provided such changes may for Tenant Changes that require a building permit from the municipality in which the Property is located, or (b) Seventy-Five Thousand Dollars ($75,000.00) for Tenant Changes that do not require a building permit from the municipality in which the Property is located. Landlord’s consent shall not be undertaken without the filing of unreasonably withheld, conditioned or delayed with respect to any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Tenant Changes other than Major Changes, it being agreed that Landlord will choose a contractor who will perform the Tenant’s may withhold or condition its consent to any Major Changes at Tenantfor any reason or no reason in Landlord’s sole cost and expenseabsolute discretion without any liability whatsoever to Tenant. Additionally, All Tenant Changes shall pay to Landlord, on demand, an amount equal to twenty (20%) percent become the property of Landlord and shall remain at the contract price, which includes Landlord’s overhead for administration, review and handling of Premises upon the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed expiration or leased by the contractor or their employees) to the full replacement value thereof during the full term earlier termination of this contract. This insurance shall insure against damage Lease unless Landlord notifies Tenant, within ten (10) business days after its receipt of notice of such Tenant Changes, that Tenant will be required to remove such Tenant Changes upon the expiration or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right earlier termination of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.this Lease.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Aralez Pharmaceuticals Inc.)
TENANT'S CHANGES. 13.01 8.01 Tenant shall not not, at any time or from time to time during the term of this leaseTerm, make such alterations, additions, installationinstallations, substitutions, or improvements and decorations (hereinafter collectively referred to as called “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised Premises, without Landlord’s prior written consent in all instances, which consent shall not be unreasonably withheld. In The foregoing notwithstanding, and without limitation, Landlord may, in its sole and absolute discretion, decline to consent to any changes to the event structural elements of the Building and to any change which shall negatively impact any systems serving others in the Building. If Landlord approves any requested shall consent, all Tenant’s ChangesChanges shall comply, Tenant agrees that these will be subject to whether structural or non-structural, with the following conditions:
: (a) such changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to the Demised Premises, unless Tenant shall have obtained the same or shall covenant to do so and provide to Landlord such bond or other security as it shall require; (b) the outside appearance appearance, character or use of the Demised Premises or the strength of the Building or of any of its structural parts shall not be affected;
(b) , and no part Tenant’s Changes shall weaken or impair the structural strength or lessen the value of the Building outside of the Demised Premises shall be physically affected;
Building; (c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
affected; (d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this ArticleArticle and in Article 33; and
(e) Before at the Expiration Date, Tenant shall on Landlord’s written request restore the Demised Premises to their condition prior to the making of any changes permitted by this Article, reasonable wear and tear excepted, unless at the time of granting of Landlord’s consent, such requirement was waived by Landlord; (f) before proceeding with any change Tenant shall submit to Landlord plans and specifications for the work to be done, and shall request Landlord’s approval in writing, and, if such change requires approval by or notice to the lessor of a superior lease or the holder of a superior mortgage, Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of said superior lease or superior mortgage with respect to the proposed change or alteration have been met or complied with at Tenant’s expense (including, without limitation, all costs incurred by Landlord in reviewing and analyzing Tenant’s request for changes); and Landlord, if it approves the change (only if Landlord’s approval is required in accordance with the foregoing), will request such approval or give such notice, as the case may be; any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no substantial amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord; and Tenant shall not be permitted to install and make a part of the Demised Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, security agreements or chattel mortgages; (g) Tenant shall not interfere with the access or egress of other tenants nor otherwise interfere with the peaceful use of the Building by such other tenants; and (h) Tenant shall comply with all other terms and conditions of this Lease in connection with Tenant’s Changes. Neither approval of the plans and specifications nor supervision of the alteration by the Landlord shall constitute a representation or warranty by Landlord as to the accuracy, adequacy, sufficiency, or propriety of such plans and specifications or the quality of workmanship or the compliance of such alteration with applicable law. Tenant shall pay the entire cost of the alteration and, if requested by Landlord, and if such cost shall exceed $25,000, Tenant shall deposit with Landlord prior to the commencement of the alteration, the full cost of such improvement in form and amount required by Landlord and/or its lender. As construction is completed, Tenant may direct Landlord to disburse such sums from said deposit based upon Landlord’s architect’s or engineer’s certification of the percentage of completion. All costs of the foregoing shall be borne by Tenant.
8.02 All Tenant’s Changes shall at all times comply with laws, orders and regulations of governmental authorities having jurisdiction thereof, and all rules and regulations of Landlord, and Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant’s Changes and for final approval thereof upon completion, and shall cause Tenant’s Changes to be performed in compliance therewith and with all applicable requirements of insurance bodies, and in good and first class workmanlike manner, using materials and equipment of at least first class quality. Throughout the performance of Tenant’s Changes, Tenant, at its expense, shall carry, or cause to be carried, worker’s compensation insurance in statutory limits, and general liability insurance for any occurrence on, in or about the Demised Premises, of which Landlord, managing agent and any mortgagee shall be named as parties insured, in such limits as Landlord may reasonably prescribe (but not less than those specified in Article 11), with insurers admitted to do business in the State of New York having a rating of no less than “A/10” in the most current edition of Bests Key Rating Guide. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant’s Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant’s Changes. No Tenant’s Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises, unless such fixtures, equipment or other property shall be promptly replaced, at Tenant’s expense and free of superior title, liens and claims, with fixtures, equipment or other property (as the case may be) of like utility and at least equal value acceptable to Landlord (which replaced fixtures, equipment or other property shall thereupon become the property of Landlord), unless Landlord shall otherwise expressly consent in writing.
8.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant’s Changes which shall be issued by the appropriate department of the municipality where the Building is located or any other public authority having or asserting jurisdiction. Upon completion of any Tenants Changes, Tenant shall promptly furnish Landlord with sworn owner’s and contractor’s statements and full and final waivers of lien covering all labor and materials included in such Tenant’s Changes, Tenant will advise shall not permit any mechanics lien to be filed against the Building, or any part thereof, arising out of any Tenant’s Changes performed, or alleged to have been performed, by or on behalf of Tenant. Tenant shall defend, indemnify and save harmless Landlord thereof and shall submit to Landlord all plans and specifications against any and all changes and revisions thereto for the proposed changes, and for the work to be done for Landlord’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer mechanics and other consultants. Landlord may as a condition liens in connection with Tenant’s Changes, repairs or installations, including but not limited to the liens of its approval require Tenant to make revisions any conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and to constituting part of the plans Demised Premises and specifications against all costs, attorney’s fees, fines, expenses and to post a bond or other security liabilities reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required incurred in connection with any cosmetic non-structural changesuch lien, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall commence the estimated cost necessary proceedings to procure the satisfaction or discharge of which, in the aggregate, does not exceed seven thousand five hundred all such liens within ten ($7,500.0010) dollars provided such changes may be undertaken without days of the filing of any materials with such lien against the City of Fort Lxx (exclusive of Demised Premises or the costs of decorating work Building and items constituting Tenant’s Propertyshall, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage minimum time period possible under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject York, cause such lien to a limit be discharged. If Tenant shall fail to comply with the foregoing requirements within the aforesaid time periods, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of no less than $500,000 each employeesuch lien by deposit or by bonding proceedings. If Landlord is required to make any repairs or perform any maintenance or do any work of any nature whatsoever with respect to Tenant’s Changes, $500,000 each accidentthen Tenant shall pay to Landlord immediately upon demand the cost of any such repairs or maintenance as Additional Rent. However, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy nothing herein shall be written construed to impose a duty on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed Landlord to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.mitigate its damages by undertaking any repair which is Tenant’s obligation.
Appears in 1 contract
Samples: Sublease (Radiation Therapy Services Holdings, Inc.)
TENANT'S CHANGES. 13.01 8.01 Tenant shall not not, at any time or from time to time during the term of this leaseTerm, make such alterations, additions, installationinstallations, substitutions, or improvements and decorations (hereinafter collectively referred to as “called "changes” " and, as applied to changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises, without Landlord's prior written consent in all instances, which consent shall not be unreasonably withheld. In The foregoing notwithstanding, and without limitation, Landlord may, in its sole and absolute discretion, decline to consent to any changes to the event structural elements of the Building and to any change which shall negatively impact any systems serving others in the Building. If Landlord approves any requested shall consent, all Tenant’s Changes's Changes shall comply, Tenant agrees that these will be subject to whether structural or non-structural, with the following conditions:
: (a) such changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to the Demised Premises, unless Tenant shall have obtained the same or shall covenant to do so and provide to Landlord such bond or other security as it shall require; (b) the outside appearance appearance, character or use of the Demised Premises or the strength of the Building or of any of its structural parts shall not be affected;
(b) , and no part Tenant's Changes shall weaken or impair the structural strength or lessen the value of the Building outside of the Demised Premises shall be physically affected;
Building; (c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
affected; (d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this ArticleArticle and in Article 33; and
(e) Before at the Expiration Date, Tenant shall on Landlord's written request restore the Demised Premises to their condition prior to the making of any changes permitted by this Article, reasonable wear and tear excepted, unless at the time of granting of Landlord's consent, such requirement was waived by Landlord; (f) before proceeding with any Tenant’s Changes, change Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done for done, and shall request Landlord’s 's approval in writing, and, if such change requires approval by or notice to the lessor of a superior lease or the holder of a superior mortgage, Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as the case may be, and Tenant shallall applicable conditions and provisions of said superior lease or superior mortgage with respect to the proposed change or alteration have been met or complied with at Tenant's expense (including, upon demand of Landlordwithout limitation, pay to Landlord the reasonable all costs incurred by Landlord in reviewing and analyzing Tenant's request for changes); and Landlord, if it approves the review change (only if Landlord's approval is required in accordance with the foregoing), will request such approval or give such notice, as the case may be; any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no substantial amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord; and Tenant shall not be permitted to install and make a part of the Demised Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, security agreements or chattel mortgages; (g) Tenant shall not interfere with the access or egress of other tenants nor otherwise interfere with the peaceful use of the Building by such other tenants; and (h) Tenant shall comply with all other terms and conditions of this Lease in connection with Tenant's Changes. Neither approval of the plans and specifications nor supervision of the alteration by the Landlord shall constitute a representation or warranty by Landlord as to the accuracy, adequacy, sufficiency, or propriety of such plans and specifications or the quality of workmanship or the compliance of such alteration with applicable law. Tenant shall pay the entire cost of the alteration and, if requested by Landlord, and if such cost shall exceed $25,000, Tenant shall deposit with Landlord prior to the commencement of the alteration, the full cost of such improvement in form and amount required by Landlord and/or its lender. As construction is completed, Tenant may direct Landlord to disburse such sums from said deposit based upon Landlord's architect's or engineer's certification of the percentage of completion. All costs of the foregoing shall be borne by Tenant.
8.02 All Tenant's Changes shall at all times comply with laws, orders and regulations of governmental authorities having jurisdiction thereof, and all changes rules and revisions thereto regulations of Landlord, and Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable requirements of insurance bodies, and in good and first class workmanlike manner, using materials and equipment of at least first class quality. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, worker's compensation insurance in statutory limits, and general liability insurance for any occurrence on, in or about the Demised Premises, of which Landlord, managing agent and any mortgagee shall be named as parties insured, in such limits as Landlord may reasonably prescribe (but not less than those specified in Article 11), with insurers admitted to do business in the State of New York having a rating of no less than "A/10" in the most current edition of Bests Key Rating Guide. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. No Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises, unless such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense and free of superior title, liens and claims, with fixtures, equipment or other property (as the case may be) of like utility and at least equal value acceptable to Landlord (which replaced fixtures, equipment or other property shall thereupon become the property of Landlord), unless Landlord shall otherwise expressly consent in writing.
8.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by its architectthe appropriate department of the municipality where the Building is located or any other public authority having or asserting jurisdiction. Upon completion of any Tenants Changes, engineer Tenant shall promptly furnish Landlord with sworn owner's and contractor's statements and full and final waivers of lien covering all labor and materials included in such Tenant's Changes. Tenant shall not permit any mechanics lien to be filed against the Building, or any part thereof, arising out of any Tenant's Changes performed, or alleged to have been performed, by or on behalf of Tenant. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanics and other consultants. Landlord may as a condition liens in connection with Tenant's Changes, repairs or installations, including but not limited to the liens of its approval require Tenant to make revisions any conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and to constituting part of the plans Demised Premises and specifications against all costs, attorney's fees, fines, expenses and to post a bond or other security liabilities reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required incurred in connection with any cosmetic non-structural changesuch lien, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall commence the estimated cost necessary proceedings to procure the satisfaction or discharge of which, in the aggregate, does not exceed seven thousand five hundred all such liens within ten ($7,500.0010) dollars provided such changes may be undertaken without days of the filing of any materials with such lien against the City of Fort Lxx (exclusive of Demised Premises or the costs of decorating work Building and items constituting Tenant’s Propertyshall, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage minimum time period possible under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject York, cause such lien to a limit be discharged. If Tenant shall fail to comply with the foregoing requirements within the aforesaid time periods, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of no less than $500,000 each employeesuch lien by deposit or by bonding proceedings. If Landlord is required to make any repairs or perform any maintenance or do any work of any nature whatsoever with respect to Tenant's Changes, $500,000 each accidentthen Tenant shall pay to Landlord immediately upon demand the cost of any such repairs or maintenance as Additional Rent. However, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy nothing herein shall be written construed to impose a duty on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed Landlord to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.mitigate its damages by undertaking any repair which is Tenant's obligation.
Appears in 1 contract
TENANT'S CHANGES. 13.01 12.01 Tenant shall not may, at any time and from time to time during the term Term of this leaseLease, at its sole expense, make alterations, additions, installationinstallations, substitutions, improvements improvements, and decorations (hereinafter collectively referred to as “called "changes” " and, as applied to changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises. In the event Landlord approves any requested Tenant’s Changes, Tenant agrees that these will be subject to excluding structural changes, on the following conditions, and providing such changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to the Demised Premises:
(aA) the The outside appearance appearance, character or the strength use of the Building or of any of its structural parts shall not be affected;, and no Tenant's Changes shall weaken or impair the structural strength or, in the opinion of Landlord, lessen the value of the Building.
(bB) no No part of the Building outside of the Demised Premises shall be physically affected;.
(cC) the The proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;affected.
(dD) in In performing the work involved in making such the changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections Section of this Article; and.
(eE) Tenant shall not be permitted to install and make part of the Demised Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts or chattel mortgages.
(F) At the Expiration Date, or the date of any earlier termination of this Lease, Tenant shall upon Landlord's written request restore the Demised Premises to their condition prior to the making of any changes permitted by this Article, reasonable wear and tear excepted.
(A) Before proceeding with any change (exclusive of changes to items constituting "Tenant’s Changes, 's Property" as defined in Article 13) Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications (including mechanical, electrical and all changes and revisions thereto for the proposed changesplumbing drawings, and if applicable) for the work to be done done, for Landlord’s 's written approval, which approval and shall not be unreasonably withheld. If Landlord shall disapprove of any of Tenant's plans, Tenant shallshall be advised of the reasons of such disapproval. In any event, upon demand of Tenant agrees to pay to Landlord, pay to Landlord as Additional Rent, the reasonable costs incurred cost of such review within forty-five (45) days of receipt of a written demand therefor from Landlord.
(B) If the proposed change requires approval by Landlord or notices to the lessor of a superior lease or the holder of a superior mortgage, no change shall be proceeded with until such approval has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of said superior lease or superior mortgage with respect to the proposed change or alteration have been met or complied with at Tenant's expense; and Landlord, if it approves the change, will request such approval or give such notice, as the case may be. Any change for which approval has been received shall be performed strictly in accordance with the review of approved plans and specifications, and no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord.
(C) After Landlord's written approval has been sent to Tenant and the approval by or notice to the lessor of a superior lease or the holder of a superior mortgage has been received or given, as the case may be, Landlord shall deliver to Tenant a list of approved contractors to construct Tenant's Changes and Tenant shall designate in writing the contractor it selects to perform the Tenant's Changes. Tenant shall deliver to Landlord promptly upon execution thereof all agreements entered into with such contractors and, promptly upon receipt thereof, copies of all contracts, work orders, amendments, change orders, invoices, receipts and bills relating to the Tenant's Changes. Tenant's contractors shall obtain on behalf of Tenant and at Tenant's sole cost and expense, all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion. In the event Tenant shall request any changes in the work to be performed after the submission of the plans referred to in this Article, such additional changes shall be subject to the same approvals and notices as the changes initially submitted by Tenant.
(D) Tenant shall pay to Landlord as Additional Rent for services to be performed by Landlord in connection with Tenant's Changes, a fee equal to fifteen percent (15%) of the total cost of the Tenant's Changes, including painting; provided, however, that if Tenant shall only require painting of the Demised Premises during the Term of this Lease, Landlord's fee therefor shall be a sum equal to seven and five-tenths percent (7.5%) of the total cost of such painting.
12.03 All Tenant's Changes shall at all times comply with laws, orders and regulations of governmental authorities having jurisdiction thereof, and all changes rules and revisions thereto regulations of Landlord, and Tenant shall cause Tenant's Changes to be performed in compliance therewith and with all applicable requirements of insurance bodies, and in good and first class workmanlike manner, using materials and equipment at least equal in quality and class to the original installations of the Building. Tenant's Changes shall be performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay or impose any additional expense upon Landlord in the construction, maintenance or operation of the Building, and shall be performed by contractors or mechanics approved by Landlord and submitted to Tenant pursuant to Section 12.02(C). Throughout the performance of Tenant's Changes, Tenant, at its architectexpense, engineer shall carry, or cause to be carried, workmen's compensation insurance in statutory limits, and other consultants. general liability insurance for any occurrence in or about the Building, of which Landlord and its managing agent shall be named as parties insured, in such limits as Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. No Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as such term is defined in Article 13), unless Landlord's prior written consent is first obtained and unless such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense and free of superior title, liens and claims with fixtures, equipment or other property (as the case may be) of like utility and at least equal value (which replaced fixture, equipment or other property shall thereupon become the property of Landlord), unless Landlord shall otherwise expressly consent in writing.
12.04 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by the Department of Buildings or any other public authority having or asserting jurisdiction. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation provided the Tenant shall comply with the provisions of Section
9.01. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanics and other liens in connection with Tenant's Changes, repairs or installations, including but not limited to insure the completion liens of such change. Notwithstanding any conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the foregoingDemised Premises and against all costs, Landlord’s approval of plans attorneys' fees, fines, expenses and specifications shall not be required liabilities reasonably incurred in connection with any cosmetic non-structural changesuch lien, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the estimated cost satisfaction or discharge of which, in the aggregate, does not exceed seven thousand five hundred all such liens within ten ($7,500.0010) dollars provided such changes may be undertaken without days of the filing of any materials with such lien against the City of Fort Lxx (exclusive of Demised Premises or the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expenseBuilding. Additionally, If Tenant shall pay fail to Landlordcause such lien to be discharged within the period aforesaid, on demandthen, an amount equal in addition to twenty (20%) percent of the contract priceany other right or remedy, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s optionbut shall not be obligated to, perform discharge the Changes using building standard materials same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and charge Tenant in any such event Landlord shall be entitled, if Landlord so elects, to compel the cost prosecution of said work, plus twenty (20%) percent an action for the foreclosure of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased such lien by the contractor or their employees) lienor and to pay the full replacement value thereof during amount of the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses incurred by Landlord. Failure , in connection therewith, together with interest thereon at an annual rate of interest specified in Section 41.02 from the respective dates of Landlord's making of the contractor to secure payment or incurring of the cost and maintain adequate coverage expense shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant on demand. If Tenant makes any such payment it shall not obligate be entitled to any set-off against Rent due hereunder. Tenant agrees that it will not at any time prior to or during the Term, either directly or indirectly, use any contractors, labor or materials in the Demised Premises, if the use of such contractors, labor or materials would, in Landlord's opinion, create any difficulty with other contractors or labor engaged by Tenant or Landlord or its agents others or employees for would in any losses; (ii) Workers Compensation affording coverage under way disturb harmonious labor relations in the Workers Compensation laws construction, maintenance or operation of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.Building or any part thereof.
Appears in 1 contract
Samples: Lease (RSL Communications PLC)
TENANT'S CHANGES. 13.01 12.01 Tenant shall not may, at any time and from time to time during the term of this leaseTerm, at its sole expense, make such alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as called “changesChanges” and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised Premises. In , excluding structural changes and changes affecting the event Landlord approves any requested Tenant’s Changesmechanical systems, Tenant agrees that these will be subject to on the following conditions:
, and providing such changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to, the Demised Premises: (a) the The outside appearance appearance, character or the strength use of the Building or of any of its structural parts shall not be affected;
, and no Tenant’s Changes shall weaken or impair the structural strength or, in the opinion of Landlord, lessen the value of the Building; (b) no No part of the Building outside of the Demised Premises shall be physically affected;
; (c) the The proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
affected; (d) in In performing the work involved in making such changes, changes Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and
(e) Before At the Expiration Date, Tenant shall on Landlord’s written request restore the Demised Premises to their condition prior to the making of any of the changes permitted by this Article, reasonable wear and tear excepted, and Landlord shall be entitled to additional security pursuant to Article 15 for the performance of Tenant’s obligation; (f) At least thirty (30) days prior to proceeding with any change (exclusive of changes in items constituting “Tenant’s Changes, Property” as defined in Article 13) Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done done, for Landlord’s approval in writing, which approval shall not be unreasonably withheld, and, if such change requires approval by or notice to the lessor of a superior lease or the holder of a superior mortgage, Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as the case may be, and Tenant shallall applicable conditions and provisions of said superior lease or superior mortgage with respect to the proposed change or alteration have been met or complied with at Tenant’s expense; and Landlord if it approves the change, upon demand of Landlordwill request such approval or give such notices, pay as the case may be. Any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications and no amendments or additions to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications shall be made without the prior written consent of Landlord. Tenant shall not be permitted to install and make part of the Demised Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, security agreements or chattel mortgages; and (g) Tenant shall comply with all changes other terms and revisions thereto by its architect, engineer and other consultantsconditions of this Lease in connection with Tenant’s Changes. Landlord may as a condition At the time of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory Tenant’s request to Landlord to insure the completion of such change. Notwithstanding the foregoing, for Landlord’s approval of plans and specifications shall any change requiring Landlord’s approval, Tenant may request that Landlord designate whether or not the change, or portions thereof, will be required to be removed and/or repaired by Tenant prior to surrender pursuant to Section 24.02 herein.
12.02 All Tenant’s Changes shall at all times comply with laws, orders and regulations of governmental authority having jurisdiction thereof, and all rules and regulations of Landlord and Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant’s Changes and for final approval thereof upon completion, and shall cause Tenant’s Changes to be performed in compliance therewith and with all applicable requirements of insurance bodies, and in good and first class workmanlike manner, using materials and equipment at least equal in quality and class to the original installations of the Building. Tenant’s Changes shall be performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in the construction, maintenance or operation of the Building, and shall be performed by contractors or mechanics reasonably approved by Landlord (provided, however, that Tenant shall be required to use union labor) and in accordance with the Building Rules and Regulations for Trades Conducting Operations, attached hereto as Exhibit C-1 and Insurance Requirements for Trades Conducting Operations in the Building, attached hereto as Exhibit C-2. Throughout the performance of Tenant’s Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen’s compensation insurance in statutory limits, and general liability insurance for any occurrence on, in or about the Building, in which Landlord and its managing agent shall be named as parties insured, in such limits as Landlord may reasonably prescribe (but not less than those specified in Section 16.02), with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant’s Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant’s Changes. No Tenant’s Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not ‘Tenant’s Property” (as defined in Article 13), unless Landlord’s prior written consent is first obtained and unless such fixtures, equipment or other property shall be promptly replaced, at Tenant’s expense and free of superior title, liens and claims, with fixtures, equipment or other property (as the case may be) of like utility and at least equal value (which replaced fixtures, equipment or other property shall thereupon become the property of Landlord), unless Landlord shall otherwise consent in writing.
12.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant’s Changes which shall be issued by the appropriate department of the municipality in which the Building is located or any other public authority having jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanics and other liens in connection with Tenant’s Changes, repairs or installations, including but not limited to the liens of any conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Demised Premises and against all costs, attorney’s fees, fines, expenses and liabilities reasonably incurred in connection with any cosmetic nonsuch lien, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within thirty (30) days of the filing of such lien against the Demised Premises or the Building. If Tenant shall fail to cause such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the lesser of the maximum permitted by law or 1 1/2% per month or portion thereof from the respective dates of Landlord’s making of the payment or incurring of the cost and expense shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant on demand. If Tenant makes any such payment it shall not be entitled to any set-structural changeoff against rent due hereunder. Tenant agrees that it will not at any time prior to or during the Term, either directly or indirectly, use any contractors, labor or materials in the estimated cost Demised Premises, if the use of whichsuch contractors, labor or materials would, in the aggregateLandlord’s reasonable opinion, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without create any difficulty with other contractors or labor engaged by Tenant or Landlord or would in any way disturb harmonious labor relations in the filing of any materials with the City of Fort Lxx (exclusive construction, maintenance or operation of the costs Building or any part thereof or any other building owned or operated by Landlord or any affiliate of decorating Landlord.
12.04 If Tenant requires Landlord to perform work and items constituting Tenant’s Propertyduring other than Regular Working Hours, or if Tenant desires to perform work through its contractors, agents or employees during other than Regular Working Hours, Tenant shall pay as defined in Article 14additional rent, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, the cost of employing such additional help as shall be required under the rules and regulations.
(f) Except regulations of unions employed in connection with Cosmetic Changes, the Building. Payment shall be made by Tenant to Landlord will choose a contractor who will within ten (10) days after being billed therefore.
12.05 In the event Landlord does not perform the work for Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty Landlord a supervisory fee (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant shall include the cost of said work, plus twenty (20%) percent review of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of proposed Tenant’s Changes. Tenant) equal to Landlord’s general contractor and/or subactual out-contractors shall secure, pay of-pocket expenses for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.such supervision.
Appears in 1 contract
TENANT'S CHANGES. 13.01 12.01 Tenant shall not may, at any time and from time to time during the term of this leaseTerm, at its sole expense, make such other alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” called "Changes" and, as applied to changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises. In , including structural upgrades and/or improvements to the event Landlord approves any requested Demised Premises or structural components of the Building to the extent they are necessary for Tenant to conduct its telecommunications business including the construction of walls or other such interior coverings over some or all of the windows of the Demised Premises as may be necessary for the operation of Tenant’s Changes's telecommunications business excluding changes affecting the mechanical systems, Tenant agrees that these will be subject to on the following conditions, and providing such changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to the Demised Premises:
(a) the The outside appearance appearance, character or the strength use of the Building or of any of its structural parts shall not be affected;
, and no Tenant's Changes shall weaken or impair the structural strength or, in the opinion of Landlord, lessen the value of the Building; (b) no No part of the Building outside of the Demised Premises shall be physically affected;
, except for Roof Space, generator space and equipment associated with it; (c) the The proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
affected; (d) in In performing the work involved in making such changes, changes Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and
(e) Before At the Expiration Date, Tenant shall on Landlord's written request restore the Demised Premises to their condition prior to the making of any of the changes permitted by this Article, excluding the removal of demising walls, interior partitions and ceilings installed pursuant to this Article, reasonable wear and tear excepted, and Landlord shall be entitled to additional security pursuant to Article 15 for the performance of Tenant's obligation; (f) At least thirty (30) days prior to proceeding with any change (exclusive of changes in items constituting "Tenant’s Changes, 's Property" as defined in Article 13) Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done done, for Landlord’s 's approval and Tenant shallin writing, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its which approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural changeunreasonably withheld, and, if such change requires approval by or notice to the estimated cost lessor of which, in a superior lease or the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing holder of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionallysuperior mortgage, Tenant shall pay to Landlordnot proceed with the change until such approval has been received, on demandor such notice has been given, an amount equal to twenty (20%) percent as the case may be, and all applicable conditions and provisions of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information said superior lease or superior mortgage with respect to the Landlordproposed change or alteration have been met or complied with at Tenant's expense; and Landlord if it approves the change, will request such approval or give such notice, as the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (case may be. Any change for which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy approval has been received shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.performed
Appears in 1 contract
TENANT'S CHANGES. 13.01 A. Tenant shall make no changes in or to the demised premises of any nature without Landlord's prior written consent in each instance, except as otherwise expressly permitted in this Article.
B. With Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld or delayed, Tenant may, from time to time during the term of this lease, at its sole expense, make such alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”called "NONSTRUCTURAL CHANGES") in and to the Demised Premises. In interior of the event Landlord approves any requested Tenant’s Changesdemised premises that are not structural in nature, that do not result in, or require, an amendment to, or modification of, the certificate of occupancy for the Building, and that do not otherwise affect the structural parts or integrity of the Building and do not affect the proper functioning of the Building's utilities, systems or services, as Tenant agrees that these will be subject to may reasonably consider necessary for the conduct of its business therein, on the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) no part of the Building outside of the Demised Premises demised premises shall be physically affected;; and
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or affected, and the usage of such systems by Tenant shall not be increased;. Notwithstanding the foregoing, after the completion of Tenant's Work, Landlord's consent shall not be required for Nonstructural Changes to the demised premises that do not require any permits requiring the signature or certification of Landlord, the aggregate cost of which, when combined with the costs of all other Changes (as hereinafter defined) to the demised premises not then completed and fully paid for, is less than $100,000.00, and (such Nonstructural Changes being herein referred to as "LIMITED NONSTRUCTURAL CHANGES"). For the purposes of the preceding sentence, the cost of furniture, furnishings and movable work stations shall not be included in computing the cost of Changes in question.
C. Tenant shall not make any alterations, additions, installations, substitutions, improvements or decorations (hereinafter collectively referred to as "STRUCTURAL CHANGES") (i) outside the demised premises; (ii) in or to the exterior of the demised premises; (iii) in or to the interior demised premises that are structural in nature or that otherwise affect the structural integrity or parts of the Building or that affect the proper functioning of any of the Building's utilities, systems or services, or (iv) which result in, or require, an amendment to, or modification of, the certificate of occupancy for the Building, without Landlord's prior written approval in each instance, which approval may be withheld by Landlord in its absolute and sole discretion.
D. Nonstructural Changes and/or Structural Changes (collectively, "CHANGES") shall only be performed in accordance with and subject to, this Article and the other applicable provisions of this lease.
(da) in performing Landlord acknowledges that Tenant intends to install Supplemental Units and the work involved in making Installations (as such changesterms are hereinafter defined) and to perform the Electrical Upgrading Work (collectively, Tenant shall be bound by and observe all "ADDITIONAL TENANT'S WORK") as part of the conditions and covenants contained in the following Sections of this Article; andTenant's Work.
(eb) Before proceeding with commencing any Change (except for Limited Nonstructural Changes), Tenant’s Changes, Tenant will advise Landlord thereof at its sole cost and expense, shall prepare and submit to Landlord all for Landlord's approval, reasonably detailed plans and specifications therefor, which approval shall not be unreasonably withheld or delayed for any Additional Tenant's Work or Nonstructural Changes described therein. The cost and all changes and revisions thereto for the proposed changes, and for the work to be done for Landlord’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs expense reasonably incurred and/or paid by Landlord for in connection with the review of such said plans and specifications (and all changes revisions thereto), and revisions thereto the inspection of the work in respect thereof, by its architectLandlord and Landlord's architects, engineer engineers and other consultantsconsultants and professionals shall be reimbursed by Tenant to Landlord (as additional rent) within ten (10) days after Landlord's demand therefor, Tenant hereby agreeing that neither Landlord's approval of plans or specifications, nor its inspection of such work, nor its right to inspect such work, shall impose upon Landlord any obligation or liability whatsoever with respect thereto, including, without limitation, any obligation or liability that might arise as a result of such work not being performed in accordance with applicable laws and requirements or with the plans and specifications approved by Landlord or otherwise. Landlord may may, as a condition of its approval approval, require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion and payment of such changethe Change in question. Tenant shall not use, employ or retain any contractor or mechanic, or permit the use, employment or retention of any subcontractor, that has not been first approved by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Landlord’s for all Changes (including all Tenant's Work) involving electrical equipment or wiring, heating, ventilation and/or air-conditioning systems or equipment, or plumbing equipment or systems, Tenant may only use contractors and subcontractors approved by Landlord which approval of will not be unreasonably withheld. If within ten (10) business days after Landlord receives Tenant's plans and specifications (or any requested revisions thereto), Landlord fails to respond to Tenant's request for Landlord's approval thereof (whether by granting or denying such approval or by requesting revisions to such plans and specifications), Tenant shall not be required in connection with any cosmetic non-structural change, give to Landlord a second (2nd) notice (the estimated cost of which, in the aggregate, does not exceed seven thousand "SECOND NOTICE") notifying Landlord that if within five hundred ($7,500.005) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive business days after Landlord's receipt of the costs Second Notice Landlord fails to respond to Tenant's request for such approval, such failure shall be deemed the granting of decorating work such approval. If Landlord fails to respond to the Second Notice within such five (5) business day period (whether by granting or denying such approval or by requesting revisions to such plans and items constituting Tenant’s Propertyspecifications), as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulationssuch approval shall be deemed given.
(fc) Except in connection with Cosmetic ChangesBefore commencing any Limited Nonstructural Change, Landlord will choose a contractor who will perform the Tenant’s Changes , at Tenant’s its sole cost and expense. Additionally, shall prepare and submit to Landlord reasonably detailed plans and specifications therefor, provided however Landlord shall have no right to approve such plans and specifications.
F. Before commencing any Change, Tenant shall, at its expense, obtain all permits, notices, approvals and certificates (collectively, "Permits") required by all governmental and quasi-governmental authorities for the commencement and prosecution of such Changes, and, upon completion, for the final approval of such Changes, and shall pay cause Tenant's Changes to be performed in compliance therewith, as well as with all applicable laws and requirements of public authorities and all applicable requirements of insurance bodies, in a good and workmanlike manner, using new materials and equipment of a quality and class at least equal to the original installations in the Building. Duplicates of all such permits, notices, approvals and certificates shall be delivered to Landlord before commencing such Changes, and upon the completion thereof, as the case may be. Landlord agrees to reasonably cooperate with Tenant, at Tenant's sole cost and expense, in connection with Tenant's Permit applications, and, with respect to such plans and specifications that Landlord has approved or which have been deemed approved pursuant to Section 42E, to promptly execute any documents requiring Landlord's signature in connection with Tenant obtaining the Permits. Changes shall be performed in such a manner as not to unreasonably interfere with or delay, and (unless Tenant shall indemnify Landlord therefor to the Landlord's reasonable satisfaction) as not to impose any additional expense upon Landlord in, the maintenance or operation of the Building. Throughout the performance of all Changes, Tenant shall, at its expense, carry, or cause to be carried, worker's compensation insurance in statutory limits and general liability insurance and personal and property damage insurance for any occurrence in or about the Building as set forth in Article 49 of this lease. All such insurance policies shall name Landlord and its agents, as parties insured, and be in such limits as required by Article 49 hereof. Tenant shall furnish Landlord with certificate(s) of insurance evidencing that such insurance is in effect before the commencement of any Changes and, on demandrequest, an amount equal to twenty (20%) percent of at reasonable intervals thereafter during the contract price, which includes Landlord’s overhead for administration, review and handling continuance of the Changes.
G. Tenant shall, at its expense and with diligence and dispatch, procure the cancellation or discharge of all notices of violation arising from, or otherwise connected with, the Changes that shall be issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction (gunless such was caused solely by acts or omissions of Landlord or its agents). Tenant shall defend, indemnify and save Landlord harmless from and against all mechanic's and other liens filed in connection with the Changes or for any other work claimed to have been done for, or materials furnished to, Tenant, whether or not done or furnished pursuant to this Paragraph, including, without limitation, the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the demised premises, and against all costs, expenses and liabilities incurred or paid in connection with any such lien, security interest, conditional sale, or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall satisfy or discharge all such liens, and remove same from the record, within thirty (30) It days after Landlord makes written demand therefor. Notwithstanding the foregoing, Landlord acknowledges that Tenant may obtain purchase money financing for Tenant's personal property located at the demised premises, limited to movable trade fixtures (not in any way attached or affixed to the demised premises), equipment, furnishings and moveable office furniture, and agrees that such purchase money lender shall be permitted to place a lien on such personal property; provided, however, in no event shall such lien extend to leasehold improvements or fixtures that are installed in and constitute part of the demised premises or to Landlord's interest in the Building.
H. No Change shall be done in a manner that would: (i) create any work stoppage, picketing, labor disruption, or dispute; (ii) violate Landlord's union contracts affecting the land and/or Building; (iii) unreasonably interfere with the business of Landlord or any tenant or occupant of the Building. In the event of the occurrence of any condition described above arising from Tenant's exercise of any of its rights pursuant to the provisions of this Article, Tenant shall, immediately upon notice from Landlord, cease the manner of exercise of such right giving rise to such condition. In the event that Tenant fails to cease such manner of exercise of its rights as aforesaid, Landlord, in addition to any rights available to it under this lease, at law or equity, and shall have the right to injunction without notice. Tenant shall make all arrangements for, and pay all expenses incurred in connection with, use of the freight elevators servicing the demised premises and loading docks servicing the Building. Tenant acknowledges that (x) Tenant's use of such freight elevator and loading docks are non-exclusive and subject to scheduling by Landlord, (y) if Tenant's use of such loading docks or the use of such freight elevator for transporting materials, supplies, equipment, machinery, furniture or furnishings will, in Landlord's reasonable opinion, disrupt the operation of the Building (including the normal use of the freight elevators) or cannot be scheduled during the Freight Elevator Hours (as defined in Section 46A below), then Tenant will only be permitted to use such freight elevator and loading docks during certain times other than during the Freight Elevator Hours on business days, in which event Tenant shall be obligated to pay for such overtime usage at Landlord's then established rates, and (z) that there may be times when minimum usage of the freight elevator is further agreed upon that should required, such as on weekend days. Notwithstanding the Tenant fail after foregoing, there shall be no charge for the use of the freight elevators servicing the demised premises (a) in connection with and prior to the substantial completion of Tenant's Work, such period not to exceed one (1) year, and for Tenant's initial move (not to exceed three (3) days) into the demised premises, (1) from 6:00 a.m. to 8:00 a.m. on business days, and during the Freight Elevator Hours on business days request to transport construction materials in connection with Tenant's Work and (2) "after hours" for Tenant's move in and (b) for all other purposes during regular hours.
I. All fixtures and all paneling, partitions, railings and like installations (COLLECTIVELY, "INSTALLMENTS"), installed in the demised premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord at the expiration or earlier termination of this lease. Nothing in this paragraph shall be construed to provide give Landlord title to or to prevent Tenant's removal of Installations, trade fixtures, moveable office furniture and equipment, but upon removal of any necessary information of such from the demised premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the demised premises to the Landlordcondition existing prior to installation, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) repair any damage to the full replacement value thereof during demised premises or the full Building due to such removal. All property permitted or required to be removed by Tenant at the end of the term of this contractlease that remains in the demised premises shall be deemed abandoned and may be retained as Landlord's property or removed from the demised premises by Landlord, at Landlord's expense. This insurance Notwithstanding the foregoing, at the expiration or the earlier termination of this lease, Tenant shall insure against damage surrender the demised premises in good and tenantable condition so that the demised premises may be used for executive and general office use by another tenant upon such expiration or loss caused by fire earlier termination. If Tenant constructs a new staircase between the 14th and other perils covered by a standard “All Risk” insurance policy. Contractors agree 15th floors, Tenant shall, upon Landlord's request, remove such new staircase prior to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure the expiration or sooner termination of the contractor lease, at Tenant's expense, and shall repair and restore the demised premises to secure the condition existing prior to such installation. At no time shall Tenant have the obligation to remove the existing internal staircase between the 14th and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws 15th floors of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.Building.
Appears in 1 contract
Samples: Office Lease (Thestreet Com)
TENANT'S CHANGES. 13.01 Tenant (a) Supplementing Article 3, Landlord's consent shall not during be required for minor changes to the term demised premises such as the installation of this leasefurniture, make alterationsfurnishings, cabinets and shelves which are not affixed to the realty or painting, carpeting, wall hangings or decorations. All other renovations, additions, installation, substitutionsinstallations, improvements and decorations alterations of any kind or nature in or to the demised premises whether performed by Tenant or by Landlord (hereinafter collectively referred "Tenant Changes") shall require the prior written consent of Landlord which, in the case of non-structural interior Tenant Changes, Landlord agrees not to unreasonably withhold, provided Tenant first complies with all applicable requirements of this lease including any Workleter attached to this lease and the building Rules and Regulations Governing Tenant Alterations (herein called the "Alterations Rules"). In granting its consent to any Tenant Changes, Landlord may impose such conditions (as “changes” andto guarantee of completion including, as applied without limitation, requiring Tenant to changes provided post a bond to insure the completion of Tenant Changes, payment for in Tenant Changes and other charges payable under this Article, “Tenant’s Changes”) in and to the Demised Premisesrestoration or otherwise), as Landlord may reasonably require. In no event shall Landlord be required to consent to any Tenant Changes which would affect the event Landlord approves any requested Tenant’s Changes, Tenant agrees that these will be subject to the following conditions:
(a) the outside appearance or the strength structure of the Building or of building, the exterior thereof, any of its structural parts shall not be affected;
(b) no part of the Building building outside of the Demised Premises shall be physically affected;
(c) the proper functioning of any of demised premises or the mechanical, electrical, sanitary and heating, ventilation, air conditioning, sanitary, plumbing or other service systems and facilities (including elevators) of the Building shall not be adversely affected or the usage of building, and such systems by Tenant shall not be increased;
(d) in performing the work involved in making such changes, Tenant Changes shall be bound performed only by and observe all contractors designated or approved by Landlord. In connection with Landlord's agent's review, modificiation, approval, supervision and/or coordination of the conditions and covenants contained in the following Sections of this Article; and
(e) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for Tenant Changes, agent shall endeavor to advise Tenant whether the proposed changesTenant's Changes are compatible with building systems and facilities, and for in compliance with the work requirements of this lease, in conformity with applicable legal requirements or likely to be done for result in excessive cost to Tenant, but, notwithstanding the foregoing, Landlord’s approval and 's agent shall have no liability in connection with such advice. Tenant shall, promptly upon demand of demand, reimburse Landlord's agent for any reasonable out-of- pocket fees, pay to Landlord the reasonable costs expenses and other charges incurred by Landlord for or its agent in connection with the review review, modification and/or approval of such plans and specifications and all changes and revisions thereto by its architect, engineer Landlord's agents and other consultantsprofessional consultants of Landlord. The hourly rate for such agent's review is $70/hour for Co-director of Operations and Engineering, and $250/hour for Director of Property Management. Landlord's imposition of conditions on Tenant changes (i.e. bond, guarantee) are applicable only if the cost of the Work exceeds $25,000. Landlord may as a condition shall not unreasonably withhold its consent to approval of its approval require Tenant to make revisions in and to the Tenant's contractors. Landlord's charges for review of Tenant's plans and specifications for any item of alteration shall not exceed $2,500. There shall be no Landlord charge for review of Tenant's plans of its original alterations/installations at Lease commencement.
(b) Nothing in this lease is intended to constitute a consent by Landlord to the subjection of Landlord's or Tenant's interest in the building or the land on which the building is located to any lien or claim by any person which supplies any work labor, material, service or equipment to Tenant in performing any Tenant Changes. Landlord hereby notifies all such persons of such intent and each such person agrees that by performing any Tenant changes for Tenant it accepts that Landlord has not granted such consent and that such person shall not have a right to post file any lien or claim against such interest of Landlord or Tenant in the building or land upon which it is located. Tenant agrees to provide a bond copy of this Article to all such persons prior to entering into any contract for or otherwise having Tenant Changes performed. If Tenant's use of any contractor, subcontractor, vendor, supplier or other security reasonably party causes or threatens to cause disharmony, labor disputes, strikes or picketing of any kind whatsoever, such party shall be dismissed, removed from the job site, and excluded from the building, and the work of such party shall be continued by Tenant by others satisfactory to Landlord to insure Landlord.
(c) In performing any alterations or installations, Tenant shall be responsible for the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies compliance with all applicable laws, governmental rules and regulationsregulations including, without limitation, The Americans With Disabilities Act of 1990, Public Law 101-336 42 U.S.C. Secs. 12101 et. seq.
(f) Except in connection , together with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay all amendments thereto which may be adopted from time to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accidenttime, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury all regulations and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.rules promulgated thereunder.
Appears in 1 contract
Samples: Lease Agreement (Alloy Online Inc)
TENANT'S CHANGES. 13.01 Tenant shall not may, at any time and from time to time during the term of this leaseLease, at its sole cost and expense, make alterations, additions, installationinstallations, substitutions, improvements ,and decorations (hereinafter collectively referred to as “called "changes” " and, as applied to changes provided for in this ArticleParagraph, “"Tenant’s 's Changes”") in and to the Demised Premises. In the event Landlord approves any requested Tenant’s Changes, Tenant agrees that these will be subject to excluding structural changes, on the following conditions:, and providing such changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to the Premises.
(a1) the The outside appearance appearance, character or the strength use of the Building or of any of its structural parts shall not be affected;, and no Tenant's Changes shall weaken or impair the structural strength or, in the opinion of Landlord, lessen the value of the Building.
(b2) no No part of the Building outside of the Demised Premises shall be physically affected;.
(c3) the The proper functioning of any of the mechanical, electrical, sanitary and other service systems or installations of the Building ("Service Facilities") shall not be adversely affected and there shall be no construction which unreasonably or materially interferes with Landlord's access to the usage Service Facilities or unreasonably or materially interferes with the moving of such systems by Tenant shall not be increased;Landlord's equipment to or from the enclosures containing the Service Facilities.
(d4) in In performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; andParagraph 11.
(e5) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and All work shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done for Landlord’s approval at such times and in such manner as Landlord from time to time may reasonably designate.
(6) Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive permitted to install and make a part of the costs of decorating work and items constituting Tenant’s PropertyPremises any materials, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, fixtures or articles which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage are subject to a limit of no less than $500,000 each employeeliens, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.conditional sales contracts or chattel mortgages.
Appears in 1 contract
TENANT'S CHANGES. 13.01 Tenant shall not may from time to time during the term of this lease, at its expense, make such alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised Premises. In , excluding structural changes and changes which affect the event Landlord approves any requested Tenant’s ChangesBuilding systems, as Tenant agrees that these will be subject to may reasonably consider necessary for the conduct of its business in the Demised Premises, on the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) no part of the Building outside of the Demised Premises shall be physically affected;
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
(d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and;
(e) Before before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all proof reasonably satisfactory of the cost thereof and shall submit the names of the contractors or subcontractors who will be performing Tenant’s Changes for Landlord’s approval, which approval shall not be unreasonably withheld or delayed. Additionally, any Tenant’s Changes (including, without limitation, Tenant’s Work) except for any Tenant’s Changes of a purely decorative nature or those costing less than $50,000, shall be performed under the supervision of a licensed architect (hereinafter referred to as “Tenant’s Architect”) approved by Landlord, in advance, which approval shall not be unreasonably withheld or delayed. Notwithstanding anything herein to the contrary, Tenant shall be permitted to make changes to the storefront provided such changes are approved by Landlord, which approval shall not be unreasonably withheld or delayed, and further provided changes comply with the provisions of this Article 13. Before proceeding with any Tenant’s Changes, Tenant shall submit to Landlord plans and specifications and all changes and revisions thereto for the proposed changesprepared by Tenant’s Architect, and for the work to be done for Landlord’s approval and approval. Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Tenant agrees that any review or approval by Landlord of any plans and specifications is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. The granting by Landlord of its approval to such plans and specifications shall in no manner constitute or be deemed to constitute a judgment or acknowledgment by Landlord as to their legality or compliance with laws and/or requirements of public authorities. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding A guaranty of completion of Tenant’s Work and/or Tenant’s changes by the foregoingguarantor of this lease in form satisfactory to Landlord shall be deemed security reasonably satisfactory to Landlord.
13.02 Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant’s Changes and for final approval thereof upon completion and shall furnish copies thereof to Landlord, and shall cause Tenant’s approval Changes to be performed in compliance therewith and with all applicable laws and requirements of plans public authorities, and specifications with all applicable requirements of insurance bodies, and in good and workmanlike manner, using first class materials and equipment. Tenant’s Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord therefor to the latter’s reasonable satisfaction) as not to impose any additional expense upon, Landlord in the renovation, maintenance or operation of the Building or any portion thereof. Tenant’s Changes shall be required performed diligently and expeditiously. Throughout the performance of Tenant’s Changes, Tenant, at its expense, shall carry, or cause to be carried, worker’s compensation insurance in connection with statutory limits and general liability insurance for any cosmetic non-structural changeoccurrence in or about the Building and/or the Unit as set forth in Section 11.02 hereof, in which Landlord and its agents and any other party named by Landlord (including without limitation, the estimated cost of whichCondominium and the managing agent thereof) shall be named as parties insured, in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the aggregatecommencement of Tenant’s Changes and, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without on request, at reasonable intervals thereafter during the filing continuance of Tenant’s Changes. If any of Tenant’s Changes shall involve the removal of any materials with fixtures, equipment or other property in the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Demised Premises which are not Tenant’s Property, Property (as defined in Article 14), and any architect’s and engineer’s fees) and provided same complies with all applicable lawssuch fixtures, rules and regulations.
(f) Except in connection with Cosmetic Changesequipment or other property shall be promptly replaced, Landlord will choose a contractor who will perform the at Tenant’s Changes expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value unless Landlord shall otherwise expressly consent in writing and Tenant shall, upon Landlord’s request, store and preserve, at Tenant’s sole cost and expense, any such fixtures, equipment or property so removed and shall return same to Landlord upon the expiration or sooner termination of this lease. Additionally, Tenant All electrical and plumbing work in connection with Tenant’s changes shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of be performed by contractors or subcontractors licensed therefor by all governmental agencies having or asserting jurisdiction. Upon the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement completion of Tenant’s Changes, Tenant shall furnish to Landlord a complete set of “as-built” plans and specifications.
13.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant’s Changes which shall be issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic’s and other liens filed in connection with Tenant’s Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the Demised Premises and against all costs, expense and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant’s general contractor and/or sub-contractors , at its expense, shall secureprocure the satisfaction or discharge of all such liens within thirty (30) days after Landlord makes written demand therefor. Nothing herein contained shall prevent Tenant from contesting, pay for in good faith and maintain at its own expense, any such notice of violation, provided that Tenant shall comply with the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by provisions of Section 10.02.
13.04 Tenant agrees that the contractor or their employees) exercise of its rights pursuant to the full replacement value thereof during the full term provisions of this contractArticle 13 or any other provision of this lease shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord’s union contracts affecting the Land, the Building or the Unit nor cause interference with the business of Landlord or any Tenant or occupant of the Building, without the prior written consent of Landlord and/or the Condominium. This insurance shall insure against damage In the event of the occurrence of any condition described above arising from the exercise by Tenant of its right pursuant to the provisions of this Article 13 or loss caused by fire and any other perils covered by a standard “All Risk” insurance policy. Contractors agree provision of this lease, Tenant shall, immediately upon notice from Landlord, cease the manner of exercise of such right giving rise to waive their right of subrogation against Ownersuch condition. The property policy parties agree that in such instance, Landlord will suffer irreparable harm for which money damages will be an insufficient remedy. For that reason, in the event Tenant fails to cease such manner of exercise of its rights as aforesaid, Landlord, in addition to any rights otherwise available to it under this lease and pursuant to law and equity, shall allow have the right to a court order granting an injunction against Tenant’s manner of exercise of its rights as aforesaid, application for a waiver of subrogation such injunction to be made without notice. With respect to Tenant’s Changes, Tenant shall make all arrangements for, and pay all expenses incurred in favor of Landlord. Failure connection with, use of the contractor to secure freight elevators, if any, servicing the Demised Premises.
13.05 The timely and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws lien free completion of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy Tenant’s Work shall be written on an occurrence basis performed in accordance with no deductible; (iv) Automobile Liability Insurance for Bodily Injury the terms and Property Damage in the amount provisions of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.this Article 13.
Appears in 1 contract
Samples: Lease Agreement (American Realty Capital New York Recovery Reit Inc)
TENANT'S CHANGES. 13.01 Tenant shall not may from time to time during the term of this leaseLease, at its expense, make such other alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “"changes” " and, as applied to changes provided for in this Article, “Tenant’s Changes”"TENANT'S CHANGES") in and to the Demised Premises. In , excluding structural changes, as Tenant may reasonably consider necessary for the event Landlord approves any requested Tenant’s Changesconduct of its business in the Demised Premises, Tenant agrees that these will with the prior written consent of Landlord, which consent shall not be subject to unreasonably withheld, delayed or conditioned, on the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) no part of the Building outside of the Demised Premises shall be physically affectedaffected and in no event may Tenant install or maintain any window air-conditioning unit;
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
(d) all Tenant's Changes shall be consistent with the character and quality of the Building, and its landmark status, if any;
(e) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and;
(ef) Before before proceeding with any Tenant’s 's Changes, Tenant will advise Landlord thereof and shall submit to Landlord all proof reasonably satisfactory of the cost thereof and the name of the contractor who will be performing Tenant's Changes for Landlord's approval, which approval shall not be unreasonably withheld or delayed. In selecting a contractor, Tenant will allow a contractor selected by Landlord to bid on the job but nothing herein shall be deemed to require Tenant to select such contractor. Additionally, before proceeding with any Tenant's Changes other than those of a decorative nature such as painting, wall coverings and floor coverings, Tenant shall submit to Landlord plans and specifications and all changes and revisions thereto for the proposed changesthereto, and for the work to be done for Landlord’s 's approval (which approval shall not be unreasonably withheld or delayed except in connection with Tenant's Changes which relate to items set forth in Section 13.01(a)-(c)) above and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Any mechanical and electrical engineering plans required in connection with Tenant's Changes shall be prepared at Tenant's sole cost and expense, by the Building's engineer and any plans and specifications required to be submitted to, or filed with, any governmental agency shall be submitted or filed by the Building's expediter, at Tenant's sole cost and expense. A complete set of the plans and specifications shall be submitted by Tenant to both the Building manager at the Building and the Property Manager at Landlord's address. Tenant agrees that any review or approval by Landlord of any plans and specifications is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. The granting by Landlord of its approval to such plans and specifications shall in no manner constitute or be deemed to constitute a judgment or acknowledgment by Landlord as to their legality or compliance with laws and/or requirements of public authorities. Additionally, the execution by Landlord of any application by or on behalf of Tenant for any permits, approvals, licenses or permission shall not be deemed to be an approval by Landlord of any of Tenant's plans and specifications. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding .
13.02 Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the foregoing, commencement and prosecution of Tenant's Changes and for final approval thereof upon completion and shall furnish copies thereof to Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s shall cause Tenant's Changes to be performed in compliance therewith and engineer’s fees) and provided same complies with all applicable lawslaws and requirements of public authorities, rules and regulations.
with all applicable requirements of insurance bodies, and in good and workmanlike manner, using first-class materials and equipment. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (funless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) Except as not to impose any additional expense upon, Landlord in connection with Cosmetic the renovation, maintenance or operation of the Building or any portion thereof. Throughout the performance of Tenant's Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s optionits expense, perform the Changes using building standard materials and charge Tenant the cost of said workshall carry, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” or cause to be carried, worker's compensation insurance in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for statutory limits with a waiver of subrogation in favor of Landlord, the Present Additional Insureds and all other additional insureds as requested by Landlord and otherwise as set forth in Section 11.02(b) and commercial general liability insurance for any occurrence in or about the Building with limits and otherwise as set forth in Section 11.02(a) hereof. Failure Tenant shall furnish Landlord with satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 14), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with first-class fixtures, equipment or other property (as the case may be) of like utility and at least equal value unless Landlord shall otherwise expressly consent in writing and Tenant shall, upon Landlord's request, deliver any such fixtures, equipment or property so removed to Landlord. All electrical and plumbing work in connection with Tenant's Changes shall be performed by contractors or subcontractors licensed therefor by all governmental agencies having or asserting jurisdiction. Upon completion of Tenant's Changes, Tenant shall furnish a complete set of "as built" plans and specifications to both the Building manager at the Building and to Landlord.
13.03 Tenant shall defend, indemnify and save Landlord harmless from and against (a) all mechanic's and other liens filed, and (b) all violations issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction, in connection with or arising from, or otherwise connected with, any Changes (including Tenant's Work) or any other work claimed to have been done for, or materials furnished to, Tenant or any person or entity claiming by, through or under Tenant, whether or not done or furnished pursuant to this Article, including, without limitation, the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the contractor to secure Demised Premises, and maintain adequate coverage against all costs, expenses and liabilities incurred or paid in connection with any such lien, violation, security interest, conditional sale, or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall satisfy, cancel or discharge all such liens and violations, and remove same from the record (or may bond such liens) within fifteen (15) days after Landlord makes written demand therefor, provided, however, that the granting of such fifteen (15) days shall not obligate effect Tenant's other obligations and liabilities under this Lease, including the indemnification obligation set forth in this Section.
13.04 Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 13 or any other provision of this Lease shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and/or Building nor interference with the business of Landlord or its agents any Tenant or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws occupant of the State Building. In the event of New Jersey the occurrence of any condition described above arising from the exercise by Tenant of its right pursuant to the provisions of this Article 13 or any other provision of this Lease, Tenant shall, immediately upon notice from Landlord, cease the manner of exercise of such right giving rise to such condition. The parties agree that in such instance, Landlord will suffer irreparable harm for which money damages will be an insufficient remedy. For that reason, in the event Tenant fails to cease such manner of exercise of its rights as aforesaid, Landlord, in addition to any rights otherwise available to it under this Lease and Employers Liability coverage pursuant to law and equity, shall have the right to a court order granting an injunction against Tenant's manner of exercise of its rights as aforesaid, application for such injunction to be made without notice. With respect to Tenant's Changes, Tenant shall make all arrangements for, and pay all expenses incurred in connection with use of the freight elevators servicing the Demised Premises.
13.05 All Tenant's Changes, when installed or attached to the Demised Premises, shall become the property of Landlord and shall be surrendered with the Demised Premises and as part thereof, upon the expiration or earlier termination of this Lease, without compensation to Tenant. However, if Landlord shall so elect, which election shall be specified in writing to Tenant at the time that Landlord approves particular Tenant's Changes, Tenant, at its sole cost and expense, shall remove such Tenant's Changes prior to the expiration or earlier termination of this Lease and repair all damage caused by such removal and restore the Demised Premises to its original condition before such Tenant's Changes were made, ordinary wear and tear excepted and damage by casualty which tenant is not required to restore hereunder ("TENANT CHANGES SUBJECT TO RESTORAL"). For the purposes of the preceding sentence, the term "original condition" shall mean the condition of the Demised Premises as of the Commencement Date of the Early Entry Agreement. Relative to those Tenant Changes Subject To Restoral, Landlord reserves the right at the expiration or earlier termination of this Lease to designate certain Tenant Changes Subject To Restoral to be left in place and thereby relieve Tenant of the responsibility of removing and restoring only those specific Tenant Changes Subject To Restoral so designated by Landlord to be left. Tenant shall not be required to restore any alterations which are part of the Tenant Improvements. Nothing herein contained shall be construed in any way to restrict Tenant's own movable trade fixtures or equipment installed by Tenant, which fixtures and equipment shall remain the property of Tenant and may be removed by Tenant at the termination of this Lease subject, however, to, and in accordance with, the provisions of Article 24 hereof. The provisions of this Section are subject to a limit the terms and conditions of no less than $500,000 each employeeany fee mortgage to which this Lease may be subordinate, $500,000 each accidentincluding Tenant's obtaining consent of mortgagee, if required. If mortgagee consent is required, Landlord shall promptly furnish Tenant with the name and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits address of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.mortgagee.
Appears in 1 contract
TENANT'S CHANGES. 13.01 12.01 Tenant shall not may, at any time and from time to time during the term of this leaseTerm, at its sole expense, make such other alterations, additions, installationinstallations, substitutions, improvements and decorations decorations, including the installation and maintenance of such wiring and cable as is necessary to operate and maintain Tenant's telephone business at the Demised Premises, (hereinafter collectively referred to as “changes” called "Changes" and, as applied to including the installation and maintenance of such wiring and cable as is necessary to operate and maintain its telephone business at the Demised Premises, changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises. In , excluding structural changes and changes affecting the event Landlord approves any requested Tenant’s Changesmechanical systems, Tenant agrees that these will be subject to on the following conditions, and providing such changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to the Demised Premises:
(a) the The outside appearance appearance, character or the strength use of the Building or of any of its structural parts shall not be affected;
, and no Tenant's Changes shall weaken or impair the structural strength or, in the opinion of Landlord, lessen the value of the Building; (b) no No part of the Building outside of the Demised Premises shall be physically affected;
; (c) the The proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
affected; (d) in In performing the work involved in making such changes, changes Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and
(e) Before At the Expiration Date, Tenant shall on Landlord's written request restore the Demised Premises to their condition prior to the making of any of the changes permitted by this Article, reasonable wear and tear excepted, and Landlord shall be entitled to additional security pursuant to Article 15 for the performance of Tenant's obligation; (f) At least thirty (30) days prior to proceeding with any change (exclusive of changes in items constituting "Tenant’s Changes, 's Property" as defined in Article 13) Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done done, for Landlord’s 's approval in writing, which approval shall not be unreasonably withheld, and, if such change requires approval by or notice to the lessor of a superior lease or the holder of a superior mortgage, Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as the case may be, and Tenant shallall applicable conditions and provisions of said superior lease or superior mortgage with respect to the proposed change or alteration have been met or complied with at Tenant's expense; and Landlord if it approves the change, upon demand of Landlordwill request such approval or give such notice, pay as the case may be. Any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no amendments or additions to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications shall be made without the prior written consent of Landlord. Tenant shall not be permitted to install and make part of the Demised Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, security agreements or chattel mortgages; and (g) Tenant shall comply with all other terms and conditions of this Lease in connection with Tenant's Changes.
12.02 All Tenant's Changes shall at all times comply with laws, orders and regulations of governmental authority having jurisdiction thereof, and all changes rules and revisions thereto regulations of Landlord and Tenant at its expense, shall obtain all necessary governmental permits 'and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable requirements of insurance bodies, and in good and first class workmanlike manner, using materials and equipment at least equal in quality and class to the original installations of the Building. Tenant's Changes shall be performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in the construction, maintenance or operation of the Building, and shall be performed by contractors or mechanics approved by Landlord and in accordance with the Building Rules and Regulations for Trades Conducting Operations, attached hereto as Exhibit C-1 and Insurance Requirements for Trades Conducting Operations in the Building, attached hereto as Exhibit C-2. Throughout the performance of Tenant's Changes, Tenant, at its architectexpense, engineer shall carry, or cause to be carried, workmen's compensation insurance in statutory limits, and other consultants. general liability insurance for any occurrence on, in or about the Building, in which Landlord and its managing agent shall be named as parties insured, in such limits as Landlord may as a condition of its approval require Tenant to make revisions reasonably prescribe (but not less than those specified in and to the plans and specifications and to post a bond or other security Section 16.02), with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. No Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not "Tenant's Property" (as defined in Article 13), unless Landlord's prior written consent is first obtained and unless such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense and free of superior title, liens and claims, with fixtures, equipment or other property (as the case may be) of like utility and at least equal value (which replaced fixtures, equipment or other property shall thereupon become the property of Landlord), unless Landlord shall otherwise consent in writing.
12.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by the appropriate department of the municipality in which the Building is located or any other public authority having jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanics and other liens in connection with Tenant's Changes, repairs or installations, including but not limited to insure the completion liens of such change. Notwithstanding any conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the foregoingDemised Premises and against all costs, Landlord’s approval of plans attorney's fees, fines, expenses and specifications shall not be required liabilities reasonably incurred in connection with any cosmetic nonsuch lien, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within thirty (30) days of the filing of such lien against the Demised Premises or the Building. If Tenant shall fail to cause such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the lesser of the maximum permitted by law or 1 1/2% per month or portion thereof from the respective dates of Landlord's making of the payment or incurring of the cost and expense shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant on demand. If Tenant makes any such payment it shall not be entitled to any set-structural changeoff against rent due hereunder. Tenant agrees that it will not at any time prior to or during the Term, either directly or indirectly, use any contractors, labor or materials in the estimated cost Demised Premises, if the use of whichsuch contractors, labor or materials would, in the aggregateLandlord's reasonable opinion, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without create any difficulty with other contractors or labor engaged by Tenant or Landlord or would in any way disturb harmonious labor relations in the filing of any materials with the City of Fort Lxx (exclusive construction, maintenance or operation of the costs Building or any part thereof or any other building owned or operated by Landlord or any affiliate of decorating Landlord.
12.04 If Tenant requires Landlord to perform work and items constituting Tenant’s Propertyduring other than Regular working Hours, or if Tenant desires to perform work through its contractors, agents or employees during other than Regular Working Hours, Tenant shall pay as defined in Article 14additional rent, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, the cost of employing such additional help as shall be required under the rules and regulations.
(f) Except regulations of unions employed in connection with Cosmetic Changes, the Building. Payment shall be made by Tenant to Landlord will choose a contractor who will within ten (10) days after being billed therefor.
12.05 In the event Landlord does not perform the work for Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty Landlord a supervisory fee (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant shall include the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure review of the contractor proposed Tenant's Changes) equal to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees Landlord's actual out-of-pocket expenses for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.such supervision.
Appears in 1 contract
TENANT'S CHANGES. 13.01 17.01 After completion of the initial preparation of the Demised Premises as provided for in Article 4, and subsequent to receipt of a certificate of occupancy or permission to occupy as provided in Section 5.02 hereof, Tenant shall not may not, at any time or from time to time during the term of this lease, Term make any alterations, additions, installationinstallations, substitutions, substitutions and improvements and decorations (hereinafter collectively referred to as “called "changes” " and, as applied to changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises, (a) without at least 20 days prior notice to Landlord with respect to decorating and other changes not exceeding in the aggregate $25,000, and (b) with Landlord's prior written approval with respect to all other changes. In the event Landlord approves any requested Tenant’s Changes, Tenant agrees that these will 's Changes shall be subject to performed on the following conditions, provided that in no event shall such changes result in a violation of or require a change in the certificate of occupancy applicable to the Demised Premises:
(a) the A. The outside appearance appearance, character or the strength use of the Building or of any of its structural parts shall not be affected, and no Tenant's Changes shall weaken or impair the structural strength or, in the opinion of the Landlord, lessen the value of the Building;
(b) no B. No part of the Building outside of the Demised Premises shall be physically affected;
(c) the C. The proper functioning of any of the mechanical, electrical, sanitary and other service services systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increasedaffected;
(d) in D. In performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and;
(e) Before proceeding with any Tenant’s ChangesE. At the Expiration Date, Tenant will advise Landlord thereof shall on Landlord's written request remove Tenant's Changes and shall submit restore the Demised Premises to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done for Landlord’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a their condition of its approval require Tenant to make revisions in and prior to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing making of any materials with changes permitted by this Article, reasonable wear and tear excepted (unless at the City time of Fort Lxx requesting Landlord's consent to (exclusive and requesting a response as to Tenant's removal obligations, at the time of the costs of decorating work and items constituting surrender of) Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic 's Changes, Landlord will choose a contractor who will perform advised Tenant that Tenant would be required so to remove, and, even then, only where the cost of such removal exceeds the cost of removal of any of Tenant’s Changes at 's Work which may have been replaced by such Tenant’s sole cost and expense. Additionally's Changes);
F. With respect to each change performed by Tenant (other than decorating or other changes costing in the aggregate less than $25,000), Tenant shall pay to Landlord, on as additional rent, upon demand, the reasonable costs incurred by Landlord in connection with such change, including, without limitation, costs of supervision, plus 10% of such costs for overhead and indirect job costs;
G. Before proceeding with any change (exclusive of changes in items constituting "Tenant's Property" as defined in Article 18) Tenant shall submit to Landlord plans and specifications, together with all contractors and subcontractors that Tenant proposes to perform Tenant's Changes (all of whom shall be reputable and have had at least 7 years experience in their respective trade), for the work to be done, for Landlord's approval in writing, and, if such change requires approval by or notice to the lessor of a superior lease or the holder of a superior mortgage, Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of said superior lease or superior mortgage with respect to the proposed change or alteration have been met or compiled with at Tenant's expense; and Landlord, if it approves the change, will request such approval or give such notice, as the case may be; any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Tenant shall not be permitted to install and make part of the Demised Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, security agreements or chattel mortgages; and
H. Tenant shall comply with all other terms and conditions of this Lease in connection with Tenant's Changes, including, without limitation, Section 10.03 hereof. Notwithstanding the foregoing, Landlord shall have the option of performing Tenant's Changes at the work Charge.
17.02 All Tenant's Changes shall at all times comply with laws, order and regulations or governmental authorities having jurisdiction thereof, and all rules and regulations of Landlord (in addition to those expressly provided in this Lease) which, in Landlord's opinion, are necessary to protect its interest, including without limitation, a guaranty of completion, payment and restoration; and Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable requirements of insurance bodies, and in good and first class workmanlike manner, using materials and equipment at least equal in quality and class to the original installations of the Building. Tenant's Changes shall be performed in such a manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in the construction, maintenance, or operation of the Building, and shall be performed by union contractors or mechanics approved by Landlord. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry and shall cause all contractors, agents and other persons performing Tenant's Changes to carry, all additional insurance under Article 16 hereof applicable as a result of, or based upon, Tenant's Changes. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. No Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not "Tenant's Property" (as defined in Article 18), unless Landlord's prior written consent is first obtained and unless such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense and free of superior title, liens and claims, with fixtures, equipment or other property (as the case may be) of like utility and at least equal value (which replaced fixtures, equipment or other property shall thereupon become the property of the Landlord), unless Landlord shall otherwise expressly consent in writing.
17.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by the appropriate department of the municipality where the Building is located or any other public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanics and other liens in connection with Tenant's Changes, repairs, or installations, including but not limited to the liens of any conditional sales of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Demised Premises and against all costs, attorneys' fees, fines expenses and liabilities reasonably incurred in connection with any such lien, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within ten (10) days of the filing of such lien against the Demised Premises or the Building. If Tenant shall fail to cause such lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount equal to twenty of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the lesser of the maximum permitted by law or three (203%) percent per month or portion thereof from the respective dates of Landlord's making of the contract price, which includes Landlord’s overhead for administration, review and handling payment or incurring of the Changescost and expense shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant on demand. If Tenant makes any such payment it shall not be entitled to any set-off against rent due hereunder. Tenant agrees that it will not at any time prior to or during the Term, either directly or indirectly, use any contractors, labor or materials in the Demised Premises, if the use of such contractors, labor or materials would, in Landlord's opinion, create any difficulty with other contractors or labor engaged by Tenant or Landlord or would in any way disturb harmonious labor relations in the construction, maintenance or operation of the Building or any part thereof or any other building owned or operated by Landlord or any affiliate of Landlord.
(g) It is further agreed upon that should the Tenant fail after three (3) days request 17.04 All of Tenant's Changes, whether performed by Landlord or by Tenant shall be performed only during regular time union working hours. If Tenant requires Landlord to provide any necessary information perform work during other hours, or if Tenant desires to the Landlordperform work through its contractors, the Landlord mayagents or employees, at it’s optionTenant shall pay as additional rent, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within employing such additional union help as shall be required under the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for rules and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure regulations of the contractor to secure and maintain adequate coverage shall not obligate unions employed in connection with the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per jobBuilding. The policy Payment shall be written on an occurrence basis with no deductible; made by Tenant to Landlord within ten (iv10) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.days after being billed therefor.
Appears in 1 contract
TENANT'S CHANGES. 13.01 Tenant shall not may from time to time during the term of this lease, at its expense, make such alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised Premises. In , excluding structural changes and changes which affect the event Landlord approves any requested Tenant’s ChangesBuilding systems, as Tenant agrees that these will be subject to may reasonably consider necessary for the conduct of its business in the Demised Premises, on the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) no part of the Building outside of the Demised Premises shall be physically affected;:
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
(d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and;
(e) Before before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit the names of the contractors or subcontractors who will be performing Tenant’s Changes for Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Additionally, any Tenant’s Changes (including, without limitation, Tenant’s Work) except for any Tenant’s Changes of a purely decorative nature, shall be performed under the supervision of a licensed architect (hereinafter referred to as “Tenant’s Architect”) approved by Landlord, in advance, which approval shall not be unreasonably withheld, conditioned or delayed. Before proceeding with any Tenant’s Changes, Tenant shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changesprepared by Tenant’s Architect, and for the work to be done for Landlord’s approval, which approval and shall not be unreasonably withheld, conditioned or delayed. Tenant shall be permitted to make changes to the Demised Premises to add sprinklers therein provided the plans for same are submitted to Landlord for its prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants, but not to exceed $3,500 for any project and there shall be no charge with respect to the initial work Tenant performs prior to opening for business at the Demised Premises. Tenant agrees that any review or approval by Landlord of any plans and specifications is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. The granting by landlord of its approval to such plans and specifications shall in no manner constitute or be deemed to constitute a judgment or acknowledgment by Landlord as to their legality or compliance with laws and/or requirements of public authorities. Landlord may as a condition of its approval require Tenant to make reasonable revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of Tenant’s Changes and/or Tenant’s Work.
13.02 Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant’s Changes and for final approval thereof upon completion and shall furnish copies thereof to Landlord, and shall cause Tenant’s Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using first class materials and equipment. Tenant’s Changes shall be performed in such changemanner as not to unreasonably interfere with or delay and (unless Tenant shall indemnity Landlord therefor to the latter’s reasonable satisfaction) as not to impose any additional expense upon, Landlord in the renovation, maintenance or operation of the Building or any portion thereof. Notwithstanding Tenant’s Changes shall be performed diligently and expeditiously. Throughout the foregoingperformance of Tenant’s Changes, LandlordTenant, at its expense, shall carry, or cause to be carried, worker’s approval of plans compensation insurance in statutory limits and specifications shall not be required general liability insurance for any occurrence in connection with or about the Building and/or the Unit as set forth in Section 11.02 hereof, in which Landlord and its agents and any cosmetic non-structural changeother party named by Landlord (including without limitation, the estimated cost of whichCondominium and the managing agent thereof) shall be named as parties insured, in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with satisfactory evidence that such insurance is in effect at or before the aggregatecommencement of Tenant’s Changes and, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without on request, at reasonable intervals thereafter during the filing continuance of Tenant’s Changes. If any of Tenant’s Changes shall involve the removal of any materials with fixtures, equipment or other property in the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Demised Premises which are not Tenant’s Property, Property (as defined in Article 14), such fixtures, equipment or other property shall be promptly replaced, at Tenant’s expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value unless Landlord shall otherwise expressly consent in writing and Tenant shall, upon Landlord’s request in advance of the removal, surrender any architect’s such fixtures, equipment or property so removed to Landlord upon such removal. All electrical and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except plumbing work in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expenseshall be performed by contractors or subcontractors licensed therefor by all governmental agencies having or asserting jurisdiction. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of Upon the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement completion of Tenant’s Changes, Tenant shall furnish to Landlord a complete set of “as-built” plans and specifications.
13.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant’s Changes which shall be issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic’s and other liens filed in connection with Tenant’s Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the Demised Premises and against all costs, expenses and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant’s general contractor and/or sub-contractors , at its expense, shall secureprocure the satisfaction or discharge or bonding over of all such liens within thirty (30) days after Landlord makes written demand therefor. Nothing herein contained shall prevent Tenant from contesting, pay for in good faith and maintain at its own expense, any such notice of violation, provided that Tenant shall comply with the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by provisions of Section 10.02.
13.04 Tenant agrees that the contractor or their employees) exercise of its rights pursuant to the full replacement value thereof during the full term provisions of this contractArticle 13 or any other provision of this lease shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord’s union contracts affecting the Land, the Building or the Unit nor cause any material or unreasonable interference with the business of Landlord or any tenant or occupant of the Building, without the prior written consent of Landlord and/or the Condominium. This insurance shall insure against damage In the event of the occurrence of any condition described above arising from Tenant’s violation of the provisions of this Article 13 or loss caused by fire and any other perils covered by a standard “All Risk” insurance policy. Contractors agree provision of this lease, Tenant shall, immediately upon notice from Landlord, cease the violation giving rise to waive their right of subrogation against Ownersuch condition. The property policy parties agree that in such instance, Landlord will suffer irreparable harm for which money damages will be an insufficient remedy. For that reason, in the event Tenant fails to cease such violation, Landlord, in addition to any rights otherwise available to it under this lease and pursuant to law and equity, shall allow have the right to a court order granting an injunction against Tenant’s manner of exercise of its rights as aforesaid, application for a waiver of subrogation such injunction to be made without notice. Notwithstanding anything to the contrary in favor of Landlord. Failure this lease, Landlord shall not require Tenant to use union labor in connection with any of the contractor to secure work specified in this Article 13 or elsewhere in this Lease.
13.05 The timely and maintain adequate coverage shall not obligate lien free completion of Tenant’s Work which shall, without limitation, include the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws design, remodeling and enhancement of the State the interior of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employeethe Demised Premises, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis performed in accordance with no deductible; (iv) Automobile Liability Insurance for Bodily Injury the terms and Property Damage in the amount provisions of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.this Article 13.
Appears in 1 contract
Samples: Lease (American Realty Capital New York Recovery Reit Inc)
TENANT'S CHANGES. 13.01 12.01 During the Term of this Lease, and any renewal or extensions thereof, except as expressly set forth herein, Tenant shall not during the term of this lease, make be required to obtain Landlord’s prior written approval for any alterations, additions, installation, substitutions, additions or improvements and decorations to the Demised Premises or any portion thereof (hereinafter collectively referred to as the “changes” and, as applied to changes provided for in this Article, “Tenant’s Permitted Tenant Changes”); provided, however, that such alterations: (i) in and are not structural additions or structural alterations to the Demised Premises. In ; (ii) will not change the event Landlord approves any requested Tenant’s Changes, Tenant agrees that these will be subject to the following conditions:
(a) the outside appearance or the strength essential nature of the Building Building; (iii) will not materially and adversely affect the structural elements or of any of its structural parts shall not be affected;
(b) no part roof of the Building outside of the Demised Premises shall be physically affected;
Building; (civ) will not materially and adversely affect the proper functioning of any of the mechanical, electrical, sanitary and other service Building’s systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
(d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and
(e) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done for Landlord’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as on a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehiclespermanent basis; and (v) Umbrella Liability Insurance at do not less exceed the cost of Five Hundred Thousand and No/100 Dollars ($500,000.00) on a per project basis or One Million and No/100 Dollars ($1,000,000.00) on an annual basis.
12.02 In seeking approval from Landlord of any other alterations, additions or improvements to the Demised Premises or any portion thereof (i.e., any alterations or improvements other than Permitted Tenant Changes) (the “Tenant Changes”), which approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall provide Landlord with (1) full and complete drawings and plans for the proposed Tenant Changes prepared by a $5,000,000 limit providing excess coverage over all limits licensed architect or engineer, to the extent applicable; and coverages noted (2) notice of whether the Tenant Changes will involve or affect any Hazardous Materials on the Property. If Landlord fails to respond to a request for consent under this Section 12.02 within fifteen (15) Building Days and thereafter within an additional three (3) Building Days after receipt of an additional notice from Tenant further requesting a response from Landlord and advising that the time period for Landlord to grant or withhold its consent pursuant to this Section 12.02 has lapsed, Landlord shall be deemed to have approved the applicable submission.
12.03 Tenant shall not have the right to seek any zoning changes or variances in paragraphs connection with any Tenant Changes that would (i) permit the use of the Demised Premises for a use other than the Permitted Use or materially expand or materially alter the footprint of the Building as of the Effective Date without Landlord’s prior approval, which approval may not be unreasonably withheld, conditioned or delayed (e.g., if any such proposed improvements or use change would materially and negatively impact the value, use or character of the Building in Landlord’s commercially reasonable discretion, Landlord may withhold or condition its approval of such application), and, in any event, Tenant shall provide Landlord with written notice of any proposed zoning change or variance and Landlord shall reasonably cooperate with Tenant regarding such proposed zoning change or variance. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant’s Changes and for final approval thereof upon completion, and shall cause Tenant’s Changes to be performed in compliance therewith and with all applicable Laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in accordance with the Building Work Rules set forth in Exhibit E, and in good and workmanlike manner, using materials and equipment at least equal in quality and class to the original installations in the Building. If any of Tenant’s Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant’s Property (iias defined in Article 13), (iii) and (iv) above. This policy such fixtures, equipment or other property shall be promptly replaced, at Tenant’s expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value, which shall become the property of Landlord upon installation.
12.04 Tenant, shall not do any act, or make any contract, which may create or be the foundation for any lien or other encumbrance upon any interest of Landlord or any ground or underlying lessor in any portion of the Demised Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanics’ lien, materialman’s lien or other lien (collectively “Lien”), charge, or order for the payment of money or other encumbrances shall be filed against Landlord and/or any ground or underlying lessor and/or any portion of the Demised Premises (whether or not such Lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its own cost and expense, cause same to be discharged of record or bonded within thirty (30) days after receipt of written on an “occurrence” basisnotice thereof, and Tenant shall indemnify and save harmless Landlord and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or bonding any such Lien, charge, order or encumbrance, and Tenant agrees to reimburse Landlord for its Lien Costs. All policies noted materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant or any contractor or subcontractor of Tenant for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Demised Premises at any time from the date hereof until the end of the Lease Term are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such Lien by bonding same and otherwise complying with the above provisions of Section 9.02.
12.05 Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 12 shall not be written done in a manner which would be reasonably likely to create any work stoppage, picketing, labor disruption or dispute or violate Landlord’s union contracts affecting the Land and Building, nor interference with insurance companies licensed the business of Landlord. In the event of a labor dispute including a strike, picketing, informational or associational activities directed at Tenant or any other tenant, Landlord reserves the right unilaterally to business alter Tenant’s ingress and egress to the Building or make any other reasonable changes in the State of New Jersey operating conditions to restrict pedestrian, vehicular or delivery ingress and rate no lower than A:10 in the most current edition of A.M.egress to a particular location.
Appears in 1 contract
TENANT'S CHANGES. 13.01 Tenant shall not may from time to time during the term of this leaseLease, at its expense, make such other alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised Premises. In , excluding structural changes, as Tenant may reasonably consider necessary for the event Landlord approves any requested Tenantconduct of its business in the Demised Premises with the prior written consent of Landlord, which consent shall be at Landlord’s Changessole discretion, Tenant agrees that these will be subject to on the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) no part of the Building outside of the Demised Premises shall be physically affectedaffected and in no event may Tenant install or maintain any window air-conditioning unit;
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
(d) all Tenant’s Changes shall be consistent with the first class character and quality of the Building, and its landmark status, if any;
(e) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and;
(ef) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all proof reasonably satisfactory of the cost thereof and the name of the contractor who will be performing Tenant’s Changes for Landlord’s approval, which approval shall not be unreasonably withheld or delayed. In selecting a contractor, Tenant will allow a contractor selected by Landlord to bid on the job but nothing herein shall be deemed to require Tenant to select such contractor. Additionally, before proceeding with any Tenant’s Changes other than those of a decorative nature such as painting, wall coverings and floor coverings, Tenant shall submit to Landlord plans and specifications and all changes and revisions thereto for the proposed changesthereto, and for the work to be done for Landlord’s approval (which approval shall not be unreasonably withheld or delayed except in connection with Tenant’s Changes which relate to items set forth in Section 13.01(a)-(c)) above and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants, provided such costs shall not exceed $2,500.00. Any mechanical and electrical engineering plans required in connection with Tenant’s Changes shall be prepared at Tenant’s sole cost and expense, by the Building’s engineer and any plans and specifications required to be submitted to, or filed with, any governmental agency shall be submitted or filed by the Building’s expediter, at Tenant’s sole cost and expense. A complete set of the plans and specifications shall be submitted by Tenant to both the Building manager at the Building and the Property Manager at Landlord’s address. Tenant agrees that any review or approval by Landlord of any plans and specifications is solely for Landlord’s benefit and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. The granting by Landlord of its approval to such plans and specifications shall in no manner constitute or be deemed to constitute a judgment or acknowledgment by Landlord as to their legality or compliance with laws and/or requirements of public authorities. Additionally, the execution by Landlord of any application by or on behalf of Tenant for any permits, approvals, licenses or permission shall not be deemed to be an approval by Landlord of any of Tenant’s plans and specifications. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding anything to the foregoingcontrary contained in this Section 13.01, Tenant may perform decorative changes in the Premises including painting and carpeting, without obtaining Landlord’s approval consent thereto, providing Tenant first provides Landlord with ten (10) days notice prior to performing such work.
13.02 Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14Changes and for final approval thereof upon completion and shall furnish copies thereof to Landlord, and any architectshall cause Tenant’s Changes to be performed in compliance therewith and engineer’s fees) and provided same complies with all applicable lawslaws and requirements of public authorities, rules and regulations.
(f) Except with all applicable requirements of insurance bodies, and in connection with Cosmetic Changesgood and workmanlike manner, Landlord will choose a contractor who will perform the using first-class materials and equipment. Tenant’s Changes at Tenant’s sole cost shall be performed in such manner as not to unreasonably interfere with or delay and expense. Additionally, (unless Tenant shall pay indemnify Landlord therefor to Landlordthe latter’s reasonable satisfaction) as not to impose any additional expense upon, on demandLandlord in the renovation, an amount equal to twenty (20%) percent maintenance or operation of the contract price, which includes Landlord’s overhead for administration, review and handling of Building or any portion thereof. Throughout the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement performance of Tenant’s Changes. , Tenant, at its expense, shall carry, or cause to be carried, worker’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property compensation insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for in statutory limits with a waiver of subrogation in favor of Landlord, the Present Additional Insureds and all other additional insureds as requested by Landlord and otherwise as set forth in Section 11.02(b) and commercial general liability insurance for any occurrence in or about the Building with limits and otherwise as set forth in Section 11.02(a) hereof. Failure Tenant shall furnish Landlord with satisfactory evidence that such insurance is in effect at or before the commencement of Tenant’s Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant’s Changes. If any of Tenant’s Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant’s Property (as defined in Article 14), such fixtures, equipment or other property shall be promptly replaced, at Tenant’s expense, with first-class fixtures, equipment or other property (as the case may be) of like utility and at least equal value unless Landlord shall otherwise expressly consent in writing and Tenant shall, upon Landlord’s request, deliver any such fixtures, equipment or property so removed to Landlord. All electrical and plumbing work in connection with Tenant’s Changes shall be performed by contractors or subcontractors licensed therefor by all governmental agencies having or asserting jurisdiction. Upon completion of Tenant’s Changes, Tenant shall furnish a complete set of “as built” plans and specifications to both the Building manager at the Building and to Landlord.
13.03 Tenant shall defend, indemnify and save Landlord harmless from and against (a) all mechanic's and other liens filed, and (b) all violations issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction, in connection with or arising from, or otherwise connected with, any Changes (including Tenant's Work) or any other work claimed to have been done for, or materials furnished to, Tenant or any person or entity claiming by, through or under Tenant, whether or not done or furnished pursuant to this Article, including, without limitation, the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the contractor to secure Demised Premises, and maintain adequate coverage against all costs, expenses and liabilities incurred or paid in connection with any such lien, violation, security interest, conditional sale, or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall satisfy, cancel or discharge all such liens and violations, and remove same from the record (or may bond such liens) within fifteen (15) days after Landlord makes written demand therefor, provided, however, that the granting of such fifteen (15) days shall not obligate effect Tenant's other obligations and liabilities under this Lease, including the indemnification obligation set forth in this Section.
13.04 Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 13 or any other provision of this Lease shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord’s union contracts affecting the Land and/or Building nor interference with the business of Landlord or its agents any Tenant or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws occupant of the State Building. In the event of New Jersey the occurrence of any condition described above arising from the exercise by Tenant of its right pursuant to the provisions of this Article 13 or any other provision of this Lease, Tenant shall, immediately upon notice from Landlord, cease the manner of exercise of such right giving rise to such condition. The parties agree that in such instance, Landlord will suffer irreparable harm for which money damages will be an insufficient remedy. For that reason, in the event Tenant fails to cease such manner of exercise of its rights as aforesaid, Landlord, in addition to any rights otherwise available to it under this Lease and Employers Liability coverage subject pursuant to law and equity, shall have the right to a limit court order granting an injunction against Tenant’s manner of no less than $500,000 each employeeexercise of its rights as aforesaid, $500,000 each accidentapplication for such injunction to be made without notice. With respect to Tenant’s Changes, Tenant shall make all arrangements for, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits pay all expenses incurred in connection with use of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in freight elevators servicing the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.Demised Premises.
Appears in 1 contract
Samples: Lease (Boomerang Systems, Inc.)
TENANT'S CHANGES. 13.01 Tenant shall not may from time to time during the term of this lease, at its expense, make alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” "CHANGES" and, as applied to changes provided for in this Article, “Tenant’s Changes”"TENANT'S CHANGES") in and to the Demised Premises. In , excluding structural changes, as Tenant may reasonably consider necessary for the event Landlord approves any requested Tenant’s Changesconduct of its business in the Demised Premises, Tenant agrees that these will be subject to on the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) no part of the Building outside of the Demised Premises shall be physically affected;
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increasedincreased provided, however, that where particular capacities or usages are expressly stated in this lease, Tenant may increase its usage of such specific Building systems but Tenant shall not exceed such stated capacities or usage;
(d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and;
(e) Before before proceeding with any Tenant’s 's Changes, Tenant will advise Landlord thereof and shall submit to Landlord all proof reasonably satisfactory of the cost thereof and shall submit the names of the contractors or subcontractors who will be performing Tenant's Changes for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Additionally, before proceeding with any Tenant's Changes (i) for which plans and specifications must be submitted to any governmental agency; or (ii) any change to the electrical, sanitary, plumbing or any other Building system, or (iii) which involves any structural change, Tenant shall submit to Landlord plans and specifications and all changes and revisions thereto for the proposed changesthereto, and for the work to be done for Landlord’s approval and Tenant shall's approval, upon demand of Landlordwhich approval, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and with respect to the plans and specifications and to post a bond for the work set forth in subdivision (i) above, shall not be unreasonably withheld, conditioned or other security reasonably satisfactory to delayed. Any objections by Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not must be required in connection with any cosmetic non-structural change, reasonably specific detail. In the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred event that Landlord fails to respond to Tenant within ten ($7,500.0010) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) business days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for 's submission of such plans and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.specifications,
Appears in 1 contract
Samples: Lease Agreement (Bolt Inc)
TENANT'S CHANGES. 13.01 Tenant covenants and agrees that Tenant shall not during the term of this leasemake no alterations, make alterationsdecorations, installations, repairs, additions, installation, substitutions, improvements and decorations or replacements (hereinafter collectively referred to as called “changesTenant Changes” and, as applied to changes provided for in this Article, or “Tenant’s Changes”) in and in, to or about the Demised Premises. In Premises without Landlord’s prior written consent, and then only by contractors or mechanics approved by Landlord, except the event Landlord approves any requested contractors or mechanics named in Exhibit B annexed hereto and approved by Landlord, which approval of such contractors and mechanics shall not be unreasonably withheld with respect to Tenant’s Changes, Tenant agrees Changes of a nonstructural nature that these will be subject to do not affect any of the following conditions:
(a) the outside appearance Building’s systems or the strength exterior of the Building. Landlord agrees not to unreasonably withhold or delay its consent to any Tenant Changes within the Demised Premises (including the plans and specifications and the contractors therefor) which (i) do not in Landlord’s judgment affect the structure of the Building or any part thereof or do not in Landlord’s judgment adversely affect the heating, ventilating, air conditioning, plumbing, electrical or other Building systems or cause a disproportionate share of any available quantities of its structural parts shall electricity to the Building to be consumed in the Demised Premises, and (ii) do not be affected;
(b) no part affect the exterior appearance of the Building outside Building. Nothing in this Section 13.01 shall be construed to require Landlord’s consent for Tenant Changes with an aggregate cost of less than $50,000.00, painting of the inside of the Demised Premises shall be physically affected;
(c) by Tenant and other purely cosmetic decorations to the proper functioning Demised Premises which are not visible from the exterior of the Building and which do not affect the structure of the Building or any of the mechanical, electrical, sanitary Building systems. Tenant’s Changes shall be done at Tenant’s sole expense and other service systems at such time and in such manner as Landlord may from time to time reasonably designate. Prior to the commencement of the Building shall not be adversely affected or the usage of such systems by any Tenant shall not be increased;
(d) in performing the work involved in making such changesChanges requiring Landlord’s consent, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and
(e) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all Landlord, for Landlord’s written approval, plans and specifications (to be prepared by and at the expense of Tenant) of such proposed Tenant Changes in detail reasonably satisfactory to Landlord. In no event shall any material or equipment be incorporated in or to the Demised Premises in connection with any such Tenant’s Changes which is not new and first quality, or is subject to any lien, security agreement, charge, mortgage or encumbrance of any kind whatsoever or is subject to any conditional sale or other similar or dissimilar title retention agreement. Any mechanic’s lien filed against the Demised Premises or the Building for work done for, or claimed to have been done for, or materials furnished to, or claimed to have been furnished to Tenant shall be discharged by Tenant within thirty (30) days thereafter, at Tenant’s expense, by filing the bond required by law or otherwise. All Tenant’s Changes shall at all changes times comply with (1) the laws, rules, orders and revisions thereto for regulations of Governmental Authorities having jurisdiction thereof, (2) the proposed changesRules and Regulations, and for (3) the work plans and specifications prepared by and at the expense of Tenant theretofore submitted to be done Landlord for Landlord’s approval and prior written approval. No Tenant’s Changes shall be undertaken, started or begun by Tenant shallor by its agents, upon demand employees, contractors or any one else acting for or on behalf of Landlord, pay to Tenant until Landlord the reasonable costs incurred by Landlord for the review of has approved such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant no amendments or additions to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall be made without the prior written consent of Landlord. Tenant agrees that it will not be required in connection at any time prior to or during the term of this Lease, either directly or indirectly, use any contractors and/or labor and/or materials if the use of such contractors and/or labor and/or materials would or will create any difficulty with any cosmetic non-structural change, the estimated cost of which, other contractors and/or labor engaged by Tenant or Landlord or others engaged in the aggregateconstruction, does not exceed seven thousand five hundred maintenance and/or operation of the Building or any part thereof. No approval or consent given by Landlord hereunder shall constitute certification by Landlord that any proposed Tenant’s Change complies with clauses ($7,500.001) dollars provided such changes may be undertaken without and (2) of this Section 13.01. Tenant shall submit its plans and specification for any of Tenant’s proposed work for which it seeks approval and Tenant shall reimburse Landlord, within twenty (20) business days after receipt of a xxxx thereof, for Landlord’s actual out-of-pocket expenses and costs incurred in the architectural and/or engineering review thereof. With respect to any Tenant Changes requiring filing within the New York City Building Department, Tenant shall deliver copies of all permits prior to the commencement of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with upon completion shall deliver copies of all final sign-offs by all applicable lawsinspectors. In addition, rules and regulations.
(f) Except in connection with Cosmetic respect to any Tenant Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demandwithin twenty business (20) days after receipt of a xxxx therefor, an amount equal to Landlord’s actual out-of-pocket costs and expenses for Landlord’s indirect costs, field supervision and coordination in connection therewith. Tenant shall pay within twenty business (20%) percent days after demand therefor, the reasonable costs and expenses of the contract price, which includes Landlord’s overhead independent consultants in connection with the review of any additional submissions for administrationalterations to the Demised Premises not shown on the sketch attached hereto; provided, review and handling of however, such costs or expenses shall not exceed Two Thousand Dollars ($2,000.00) in the Changesaggregate.
(ga) It is further agreed upon All work performed or installations made by Tenant (or by Landlord at Tenant’s request and expense) in and to the Demised Premises shall be in compliance with the requirements of Local Law 5 of 1973 of the City of New York, as heretofore and hereafter amended (“Local Law 5”). The foregoing shall include, without limitation, (i) compliance with the compartmentation requirements of Local Law 5, (ii) relocation of existing fire detection devices, alarm signals and/or communication devices necessitated by the alteration of the Demised Premises, and (iii) installation of such additional fire control or detection devices as may be required by applicable governmental or quasi-governmental rules, regulations or requirements (including, without limitation, any requirements of the New York Board of Fire Underwriters) as a result of Tenant’s manner of use of the Demised Premises. The design of such installations shall be at Tenant’s discretion so long as the results comply with Local Law 5. Landlord shall not be deemed unreasonable in withholding its consent to any plans or specifications not complying with the requirements of Local Law 5.
(b) Landlord shall not be responsible for any damage to Tenant installed fire control or detection devices nor shall Landlord have any responsibility for the maintenance or replacement thereof unless damaged by Landlord. Tenant shall indemnify and hold Landlord harmless from and against all claims, loss, damage, liability or expense (including, without limitation, reasonable attorneys’ fees and disbursements) suffered or incurred by Landlord by reason of the installation and/or operation of any such devices by Tenant or any person acting by or through Tenant. Landlord shall be responsible for the installation, repair and maintenance of any fire control or detection services or devices required by law for the occupancy of the Demised Premises for the use allowed hereunder.
(c) The fact that should Landlord shall have heretofore consented to any installations or alterations made by Tenant in the Demised Premises shall not relieve Tenant fail after three of its obligations pursuant to this Article with respect to such installation or alterations.
(3d) days request No Tenant’s Changes shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Landlord to provide Tenant or to any necessary information other tenant or occupant of the Building or reduce the value or utility of the Building. No Tenant’s Changes shall affect the outside appearance of the Building or the color or style of any Venetian blinds (except that Tenant may remove any Venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color). All business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Landlord’s reasonable judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building. Prior to the commencement of each proposed Tenant’s Changes, Tenant shall furnish to Landlord duplicate original policies of workmen’s compensation insurance covering all persons to be employed in connection with such Tenant’s Changes, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, the Landlord mayits agents and any lessor under any ground or underlying lease shall be named as additional insureds, at it’s option, perform the Changes using building standard materials which policies shall be issued by companies and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” shall be in the Metropolitan New York area).
(h) 1. Before commencement form and amounts reasonably satisfactory to Landlord and shall be maintained by Tenant until the completion of such Tenant’s Changes. All fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant and submitted to Landlord.
(e) If any laws, orders, rules or regulations of any applicable Governmental Authority require that any asbestos or other Hazardous Substance contained in or about the Demised Premises, or brought into the Demised Premises by Tenant, be removed or dealt with in any particular manner in connection with any Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) Changes to the full replacement value thereof during Demised Premises, then it shall be Tenant’s obligation, at Tenant’s expense, to remove or so deal with such asbestos or other Hazardous Substance in accordance with all such laws, orders, rules and regulations. In the full term event Tenant is required to remove or deal with such asbestos or other Hazardous Substance in accordance with the provisions of this contract. This insurance the foregoing sentence then, notwithstanding anything to the contrary contained therein, Landlord, at Landlord’s election, shall insure against damage have the option to itself remove or loss caused by fire and so deal with such asbestos or other perils covered by a standard “All Risk” insurance policy. Contractors agree Hazardous Substance and, in such event, Tenant shall pay to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor Landlord all of Landlord. Failure ’s reasonable costs in connection therewith within twenty (20) business days next following the rendition of the contractor a statement thereof by Landlord to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.Tenant.
Appears in 1 contract
Samples: Lease Agreement (Tangoe Inc)
TENANT'S CHANGES. 13.01 Tenant A. Tenant, at its sole cost and expense (but subject to Section 42F), shall not during the term of this lease, make cause any permitted alterations, additionsdecorations, installationinstallations, substitutions, additions or improvements and decorations in or about the Demised Premises (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”), including any changes which Tenant intends to make on or before the Commencement Date, to be performed in a good and workerlike manner and in compliance with all applicable legal and other requirements of insurance bodies having jurisdiction over the Building, the provisions of Article 3 hereof and this Article 42 and in such manner as not to interfere with, delay, or impose any additional expense upon Owner in the maintenance or operation of the Building or the performance of Owner’s Work. Tenant, at its expense, and with diligence and dispatch, but in any event within thirty (30) days after the receipt of notice thereof, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant’s Changes which shall be issued by the Department of Buildings or any other public authority having or asserting jurisdiction over the Building; provided, however, that if the same cannot be reasonably cancelled or discharged within such thirty (30) day period, then Tenant shall not be in default of such requirement so long as Tenant commences diligent efforts to cancel or discharge the same within such thirty (30) day period and causes the same to be removed as promptly as reasonably practicable. Owner shall promptly forward notice of any such violations to Tenant received by Owner.
B. Supplementing the Demised Premises. In the event Landlord approves provisions of Article 3 hereof, prior to making any requested proposed Tenant’s Changes, Tenant agrees that these will be subject to the following conditions:
Tenant, at Tenant’s expense, (a) shall submit to Owner and shall obtain Owner’s approval (not to be unreasonably withheld, delayed or conditioned) of detailed plans and specifications (including scaled layout, architectural, mechanical and structural drawings) in three (3) hard copies and diskette form (except in the outside appearance case of Tenant’s Changes that are purely cosmetic or decorative, do not affect the strength mechanical, electrical, plumbing, sanitary or other service systems of the Building or and do not require filing of any of its structural parts shall not be affected;
plans with any governmental agency (collectively, “Cosmetic Changes”)), (b) shall obtain all permits, approvals and certifications required by any governmental authorities having jurisdiction (Owner hereby agreeing to execute such documents and applications as may be reasonably required to obtain the same, provided same is at no cost or obligation to Owner), and (c) shall furnish to Owner duplicate original policies or certificates thereof of worker’s compensation insurance (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors, in connection with such Tenant’s Changes) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts, as Owner may require, naming Owner and its agents, the other Additional Insureds, each Superior Lessor (as hereinafter defined) as to which Tenant has previously been notified in writing and each Superior Mortgagee (as hereinafter defined) as to which Tenant has previously been notified in writing, as additional insureds. Owner, prior to the granting of its consent to any Tenant’s Changes, may impose such conditions (in addition to those expressly provided in this Lease) as to such Tenant’s Changes as Owner may reasonably consider desirable (provided that no supervisory fee or surcharges and no bonding or other security shall be required for any Alterations). Owner shall have the right, in its sole discretion, to withhold consent to any Tenant’s Changes which would physically affect any part of the Building outside of the Demised Premises (other than standard connections to tap-in points, points of entry and roof rights granted to Tenant in this Lease, as to which Owner shall be physically affected;
(c) exercise reasonable discretion), would in Owner’s reasonable judgment materially and adversely affect the proper functioning of any of the mechanical, electrical, plumbing, sanitary and or other service systems of the Building shall not be adversely affected Building, or the usage would require filing of such systems by any plans with any governmental agency (unless Tenant shall not be increased;
(d) in performing reimburse Owner for the work involved in making cost of any such changes, filing). Tenant shall be bound reimburse Owner for any actual, reasonable out-of-pocket third party costs incurred by and observe all of the conditions and covenants contained Owner in the following Sections of this Article; and
(e) Before proceeding connection with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all including, without limitation, costs incurred in connection with Owner’s review and/or approval of Tenant’s plans and specifications for any Tenant’s Changes. Owner shall provide Tenant with copies of supporting documentation for any such payments required by Owner from Tenant, promptly after Tenant’s request therefor. In the event Tenant shall employ any contractor to do any work in the Demised Premises permitted by this Lease, such contractor and any subcontractor shall agree to employ only such labor as will not result in jurisdictional disputes or strikes or result in causing disharmony with other workers employed at the Building. Owner and Tenant shall attempt (and shall endeavor to cause all affected parties to attempt) to resolve promptly any labor disputes in a commercially reasonable manner. In the event of any such dispute, strike or disharmony, Tenant, upon the demand of Owner, shall cause all contractors, subcontractors, mechanics or laborers causing same to vacate the Building immediately. Tenant shall inform Owner in writing of the names of any contractor or subcontractor(s) Tenant proposes to use in the Demised Premises at least fifteen (15) days prior to the beginning of work by such contractor or subcontractor and Owner shall have the right to approve any such contractor(s) or subcontractor(s) in Owner’s reasonable discretion (subject to Section 42D). Subject to the foregoing provisions of this Section 42B, Tenant shall be permitted to use non-union labor in the Demised Premises.
C. Notwithstanding anything contained in this Article 42 or Article 3 to the contrary, Owner’s consent shall not be required with respect to Tenant’s Changes which (i) do not materially and adversely affect any part of the Building other than the Demised Premises and the building systems exclusively serving the Premises (the “Premises Systems”) or require any alterations, installations, improvements, additions or other physical changes to be performed in or made to any portion of the Building other than the Demised Premises and revisions thereto the Premises Systems, (ii) do not affect in any material and adverse respect the proper functioning of any other mechanical, electrical, plumbing, sanitary or other service systems of the Building, (iii) do not affect the structure of the Building, (iv) do not involve a perforation to a floor slab of the Premises, (v) do not violate or otherwise require an amendment to the certificate of occupancy for the proposed changesBuilding, (vi) are not reasonably expected to have a cost for labor and materials of more than One Hundred Thousand Dollars ($100,000.00), either individually or in the aggregate with other reasonably related Tenant’s Changes constructed within any twelve (12) month period as part of the same project (other than for Cosmetic Changes, as to which no such dollar amount shall apply) and (vii) are performed by union labor and in accordance with all applicable Law. At least five (5) Business Days prior to making any such Tenant’s Changes, Tenant shall notify Owner thereof and submit to Owner (x) reasonable evidence that such Tenant’s Changes comply with the work provisions of this Section 42C (including reasonable evidence of the projected project cost, except with respect to be done Cosmetic Changes) and (y) detailed plans and specifications for Landlordsuch Tenant’s approval and Changes to the extent that any governmental authority requires such plans or specifications or Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of otherwise prepares such plans and specifications. Any Tenant’s Changes described in this Section 42C shall otherwise be performed in compliance with the provisions of Article 3 and this Article 42.
D. With respect to any item requiring Owner’s consent or approval pursuant to this Article 42, if Owner fails to grant or deny such consent or approval within ten (10) Business Days after submission (or seven (7) Business Days in the case of a resubmission), provided such submission complies with the requirements above, Tenant shall have the right to send Owner a second written request for consent or approval (a “Second Request”), which shall specifically identify the item(s) to which such request relates, and set forth in bold capital letters the following statement: “IF OWNER FAILS TO RESPOND WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN OWNER’S CONSENT OR APPROVAL SHALL BE DEEMED GRANTED.” In the event that Owner fails to grant or deny consent or approval to a Second Request within three (3) Business Days after receipt thereof by Owner, the item(s) for which the Second Request is submitted shall be deemed to be approved by Owner.
E. Upon completion of any of Tenant’s Changes, Tenant, at Tenant’s expense, shall obtain any certificates of final approval of such Tenant’s Changes required by any governmental authority and shall furnish Owner with copies thereof, together with the “as-built” plans and specifications for such Tenant’s Changes (other than Cosmetic Changes), which “as-built” plans shall be in hard copy and all changes diskette form. All Tenant’s Changes shall be made and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions performed substantially in and to accordance with the plans and specifications therefor as approved by Owner (if required), all applicable Law and the Rules and Regulations. All materials and equipment to post be incorporated in the Demised Premises as a bond result of any Tenant’s Changes shall be of good quality and no such materials or other equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security reasonably satisfactory agreement.
(i) Subject to Landlord the terms and conditions set forth below, Owner shall pay to insure the completion or on behalf of such change. Notwithstanding the foregoingTenant up to a maximum amount of Four Million Four Hundred Eighty Thousand and 00/100 Dollars ($4,480,000.00) (“Owner’s Contribution”) for costs and expenses incurred by Tenant for goods, Landlord’s approval of plans materials and specifications shall not be required labor in connection with the design, installation and construction of Tenant’s Changes in connection with Tenant’s occupancy of the Demised Premises promptly after the Commencement Date (“Tenant’s Initial Changes”), provided that Tenant shall have the right to use up to a maximum of Eight Hundred Ninety-six Thousand and 00/100 Dollars ($896,000.00) of Owner’s Contribution on account of so-called “soft costs” in connection with Tenant’s Initial Changes, including architectural, engineering, expediting and other consulting fees, office furniture and all necessary building department permits and approvals, but in no event shall Owner’s Contribution be applied to expenditures on personal property not constituting a permanent leasehold improvement (other than office furniture). Except with Owner’s prior written approval (not to be unreasonably withheld), Tenant shall not remove from the Demised Premises any cosmetic non-structural change, Tenant’s Initial Changes or personalty made or purchased with Owner’s Contribution unless replaced with property of equal or greater value to the estimated cost of which, Tenant’s Initial Changes or personalty removed and which substituted property will be deemed to have been installed in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials Demised Premises with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting TenantOwner’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulationsContribution.
(fii) Except Owner shall disburse from time to time, but not more often than once in connection with Cosmetic Changesany thirty (30) day period, Landlord will choose a contractor who will perform the within ten (10) Business Days after receipt of Tenant’s Changes requisition therefor, to or on behalf of Tenant and/or (at Tenant’s sole cost request) to its contractor, that portion of Owner’s Contribution equal to the amount set forth in Tenant’s requisition minus ten percent (10%) thereof (the “Holdback”); provided, however, that no such disbursement shall be made (a) if, and expense. Additionallyfor so long as, Tenant shall pay to Landlord, on demand, an amount equal to twenty be in non-monetary default under this Lease beyond any applicable notice and cure period or in any monetary default under this Lease and (20%b) percent until Owner’s receipt of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all toolsa requisition therefor from Tenant, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under a certification of performance (AIA G702 REQ form) from the Workers Compensation laws architect of record and (ii) each of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.following:
Appears in 1 contract
Samples: Office Lease (Atari Inc)
TENANT'S CHANGES. 13.01 Tenant shall not during the term of this lease6.1 All renovations, make alterationsmaterial decorations, additions, installation, substitutionsinstallations, improvements and decorations and/or alterations of any kind or nature in the Demised Premises (hereinafter collectively referred to as “"changes” " and, as applied to changes provided for in this Article, “"Tenant’s 's Changes”") shall require the prior written consent of Landlord in and each instance. The following conditions shall apply to the Demised Premises. In the event Landlord approves any requested all Tenant’s 's Changes, Tenant agrees that these will be subject to the following conditions:
(a) the A. The outside appearance except for approved signage or the strength of the Building or of any of its structural parts shall not be affected;
(b) no B. No part of the Building outside of the Demised Premises shall be physically affected;
(c) the C. The proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or and the usage of such systems by Tenant shall not be increased;
(d) in D. In performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in this Article and by the following Sections Rules and Regulations contained in Exhibit C;
E. All materials, methods and processes used in the performance of this Article; andTenant's Changes shall conform to the standards of the Building;
(e) F. Before proceeding with any Tenant’s 's Changes, Tenant will advise Landlord thereof and shall submit to Landlord proof reasonably satisfactory of the cost thereof; and
G. Tenant's Changes shall be performed only by contractors and subcontractors approved by Landlord, including the sprinkler, security, life safety system, plumbing, electrical and other Building system subcontractors for the Building, and all engineering in connection with any Tenant's Changes shall be performed by an engineer approved by Landlord, such approval not to be unreasonably withheld, at Tenant's sole cost and expense.
6.2 Before proceeding with any Tenant's Changes, Tenant shall submit to Landlord full plans and specifications and all changes and revisions thereto for the proposed changesthereto, and for the work to be done for Landlord’s 's approval (which approval as to any Tenant's Changes which Landlord shall have theretofore approved in accordance with Section 6.1 hereof, shall not, as to plans and specifications only, be unreasonably withheld) and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable out-of-pocket costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord in an amount to cover the estimated cost of Tenant's General Contractors Costs to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required changes in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials accordance with the City provisions of Fort Lxx this Article 6. With respect to each Tenant's Changes (exclusive of excluding the costs of decorating work and items constituting "Tenant’s Property, 's Work" (as such term is hereinafter defined in Article 14, and any architect’s and engineer’s feesSection 19.01)) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole estimated to cost and expense. Additionally$5,000,00, Tenant shall pay to Landlord, on as additional rent, within ten (10) days after demand, an amount a fee equal to twenty ten (2010%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the total cost of said workTenant's Changes, including painting, plus twenty an additional charge equal to ten (2010%) percent of Landlord’s the sum of such cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s and fee for indirect job costs, general contractor and/or sub-contractors shall secure, pay for conditions and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure coordination of the contractor to secure and maintain adequate coverage shall not obligate work performed in connection with such changes. Notwithstanding the Landlord or its agents or employees for any losses; preceding sentence, For so long as the Tenant is the named Tenant in this Lease (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.i.
Appears in 1 contract
TENANT'S CHANGES. 13.01 Tenant shall not may, at any time and from time to time prior to the Commencement Date of this Lease and during the term Term of this leaseLease, at its sole expense, subject to Landlord's prior written approval in each instance, make such alterations, additions, installationinstallations, substitutions, improvements and improvements, or decorations (hereinafter collectively referred to as “called "changes” " and, as applied to changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises. In , excluding structural changes, changes affecting the event Landlord approves any requested Tenant’s Changesmechanical, Tenant agrees that these will be subject plumbing, electric, heating, ventilating, and air conditioning systems and changes resulting in a violation of or which require a change in the Certificate of Occupancy applicable to the Building unless same shall have been specifically authorized by Landlord, on the following terms and conditions:
: (ai) the outside appearance character or use of the Building shall not be affected; (ii) the structural strength of the Building or of any of its structural parts shall not be affected;
weakened or impaired nor, in the opinion of Landlord, shall the value of the Building be lessened; (biii) no part of the Building outside of the Demised Premises shall be physically affected;
affected except as to Tenant's Changes specifically authorized by Landlord pursuant to this Lease; (civ) the proper functioning of any of the utility, plumbing, mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
affected; (dv) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and
(evi) Before before proceeding with any Tenant’s Changessuch installation, Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done done, for Landlord’s 's approval in writing, and, if such change requires approval by or notice to the lessor of a superior lease, the holder of a superior mortgage, the building department having jurisdiction thereof, or any entity from whom Landlord is required to seek approval, Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of said superior lease, superior mortgage or building department having jurisdiction thereof, with respect to the proposed change or alteration have been met or complied with at Tenant's expense; Landlord, if it approves such change, will request such approval or given such notice, as the case may be; (vii) any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no amendments or additions or deletions to such plans or specifications shall be made without the prior written consent of Landlord; (viii) Tenant shallshall not be permitted to install or make part of the Demised Premises any materials, upon demand fixtures, or articles which are subject to liens, conditional sales contracts, security agreements, or chattel mortgages; (ix) before proceeding with such installation, Tenant shall submit to Landlord for its written approval which shall not be unreasonably withheld the identities of the contractors and mechanics Tenant shall use; and (x) Tenant shall comply with all other terms and conditions of this Lease in connection with Tenant's Changes.
13.02 All Tenant's Changes shall at all times comply with laws, orders and regulations of governmental authorities having jurisdiction thereof, and all rules and regulations of Landlord, pay and Tenant, at its expense, shall obtain all necessary permits, approvals, and certificates required by any governmental or quasi governmental body prior to the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion and shall promptly deliver duplicates thereof to Landlord and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable requirements of insurance carriers, and in good and first-class workmanlike manner, using materials and equipment at least equal in quality and class to the reasonable costs incurred original installations of the Building. Tenant's Changes shall be performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in the construction, maintenance, or operation of the Building, and shall be performed by contractors or mechanics reasonably approved by Landlord. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, and cause Tenant's contractors and subcontractors to carry worker's compensation insurance in statutory limits, and general liability, personal and property damage insurance for any occurrence on, in or about the Building, of which Landlord for the review of shall be named, as party insured, in such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. limits as Landlord may as a condition of its approval require Tenant to make revisions reasonably prescribe (but not less than those specified in and to the plans and specifications and to post a bond or other security Article 16) with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. With respect to insure any such general liability insurance Tenant shall comply with the completion requirement of Article 16 hereof. No Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises unless Landlord's prior written consent is first obtained and unless such changefixtures, equipment or other property shall be promptly replaced, at Tenant's expense and free of superior title, liens, and claims, with fixtures, equipment, or other property (as the case may be) of like utility and at least equal value (which replaced fixtures, equipment or other property shall thereupon become the property of Landlord), unless Landlord shall otherwise expressly consent in writing.
13.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by any Nassau County or Town of North Hempstead agency or any other public authority having or asserting jurisdiction arising from Tenant's specific use. Notwithstanding Tenant shall defend, indemnify, and save harmless Landlord against any and all mechanics and other liens in connection with Tenant's Changes, repairs or installations, including, but not limited to, the foregoingliens of any conditional sales of, Landlord’s approval or chattel mortgages upon, any materials, fixtures, or articles so installed in or constituting part of plans the Demised Premises and specifications shall not be required against all costs, attorneys' fees, fines, expenses, and liabilities reasonably incurred in connection with any cosmetic non-structural changesuch lien, conditional sale, or chattel mortgage or any action or proceeding brought thereof. Tenant, at its expense, shall procure the estimated satisfaction of all such liens or the discharge by filing the bond required by law within thirty (30) days of the filing of such lien against the Demised Premises or the Building. If Tenant shall fail to cause such lien to be satisfied or discharged as aforesaid within the period aforesaid, then, in addition to any other right or remedy, Landlord may, after ten (10) days' notice to Tenant, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the lesser of the maximum permitted by law or two percent (2%) per month or portion thereof from the respective dates of Landlord's making of the payment or incurring the cost and expense shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant on demand. If Tenant makes any such payment, it shall not be entitled to any setoff against rent due hereunder.
13.04 Tenant agrees that it will not at any time prior to or during the Term of whichthis Lease use or permit the use of any contractors, labor, or materials in the Demised Premises, if the use of such contractors, labor, or materials would, in the aggregateLandlord's reasonable opinion, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without create any difficulty with other contractors or labor engaged by Tenant or Landlord or others or would in any way disturb harmonious labor relations in the filing of any materials with the City of Fort Lxx (exclusive construction, maintenance, or operation of the costs Building or any part thereof or any other building owned or operated by Landlord or any affiliate of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulationsLandlord.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform 13.05 Notwithstanding anything to the Tenant’s Changes at Tenant’s sole cost and expense. Additionallycontrary contained herein, Tenant shall pay not make any structural alterations, changes, changes affecting the mechanical, plumbing, electric, heating, ventilating, and air conditioning systems, and changes resulting the violation of or which requires a change in the Certificate of Occupancy applicable to the Building and/or to the Demised Premises without Landlord, on demand, an amount equal to twenty (20%) percent of the contract price's prior written approval, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees approval can be withheld for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of or no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.reason.
Appears in 1 contract
TENANT'S CHANGES. 13.01 Tenant shall not may from time to time during the term of this lease, at its expense, make such alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “called "changes” " and, as applied to changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises. In , excluding structural changes, as Tenant may reasonably consider necessary or desirable for the event Landlord approves any requested Tenant’s Changesconduct of its business in the Demised Premises, Tenant agrees that these will be subject to on the following conditions:
(a) the The outside appearance or the strength of the Building or of any of its structural parts shall not be affected;.
(b) no No part of the Building outside of the Demised Premises shall be physically affected;.
(c) the The proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be materially increased;.
(d) in In performing the work involved in making such changes, Tenant shall use contractors reasonably acceptable to Landlord and Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and.
(e) Before proceeding with any change the cost of which will exceed $100,000 (exclusive of the costs of decorating work and items constituting "Tenant’s Changes's Property", as defined in Article 14, and of any architect's and engineer's fees), or any change to the mechanical, electrical, sanitary, and/or other service systems, Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done and the names of the contractors who will perform the work, all for Landlord’s 's approval not to be unreasonably withheld or delayed. If Landlord shall fail to disapprove Tenant's plans and Tenant shallspecifications within ten (10) business days after Xxxxxxxx's receipt thereof, upon demand of Landlord, pay Landlord shall be deemed to Landlord the reasonable costs incurred by Landlord for the review of have approved such plans and specifications and all changes and revisions thereto specifications. Any disapproval given by its architect, engineer and other consultantsLandlord shall be ineffective unless accompanied by a statement in reasonable specificity of the reasons for such disapproval. Landlord may as a condition of its approval consent require Tenant to make revisions in and to the plans and specifications and if the cost of the changes exceed $500,000 in the aggregate to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval The provisions of plans and specifications this Section 13.01 shall not be required in connection with any cosmetic non-structural changeapplicable to initial installations which shall be governed by the provisions of Exhibit C annexed hereto.
13.02 Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the estimated cost commencement and prosecution of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work Xxxxxx's Changes and items constituting Tenant’s Property, as defined in Article 14for final approval thereof upon completion, and any architect’s shall cause Tenant's Changes to be performed in compliance therewith and engineer’s fees) and provided same complies with all applicable lawslaws and requirements of public authorities, rules and regulations.
with all applicable requirements of insurance bodies, and in good and workmanlike manner, using materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (funless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) Except as not to impose any additional expense upon Landlord in connection with Cosmetic the construction, maintenance or operation of the Building. Throughout the performance of Tenant's Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s optionits expense, perform shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Changes using building standard materials Building as set forth in Section 11.02 hereof, in which Landlord and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis named as parties insured, in such limits as Landlord may reasonably prescribe, with no deductible; (iv) Automobile Liability Insurance for Bodily Injury good and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with solvent insurance companies licensed authorized to do business in the State of New Jersey and rate no lower than A:10 Jersey. Tenant shall furnish Landlord with satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the most current edition Demised Premises which are not Tenant's Property (as defined in Article 14), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with fixtures, equipment or other property (as the case may be) of A.M.like utility and at least equal value unless Landlord shall otherwise expressly consent in writing and Tenant shall, upon Landlord's request, store and preserve, at Tenant's sole cost and expense, any such fixtures, equipment or property so removed and shall return same to Landlord upon the expiration or sooner termination of this lease. All electrical and plumbing work in connection with Xxxxxx's changes shall be performed by contractors or subcontractors licensed therefor by all governmental agencies having or asserting jurisdiction.
13.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Xxxxxx's Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the Demised Premises and against all costs, expense and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within thirty (30) days after Landlord makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation, provided that Tenant shall comply with the provisions of Section 10.02.
13.04 Xxxxxx agrees that the exercise of its rights pursuant to the provisions of this Article 13 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and/or Building nor unreasonable interference with the business of Landlord or any Tenant or occupant of the Building. In the event of the occurrence of any condition described above arising from the exercise by Tenant of its right pursuant to the provisions of this Article 13, Tenant shall, immediately upon notice from Landlord, cease the manner of exercise of such right giving rise to such condition. In the event Tenant fails to cease such manner of exercise of its rights as aforesaid, Landlord, in addition to any rights available to it under this lease and pursuant to law, shall have the right to injunction without notice. With respect to Xxxxxx's Changes, Tenant shall make all arrangements for, and pay all expenses incurred in connection with, use of the freight elevators servicing the Demised Premises.
Appears in 1 contract
TENANT'S CHANGES. 13.01 Tenant shall not during the term of this leaseLease, make alterations, additions, installation, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” "CHANGES" and, as applied to changes provided for in this Article, “Tenant’s Changes”"TENANT'S CHANGES") in and to the Demised Premises. In the event Landlord approves any requested Tenant’s 's Changes, Tenant agrees that these will be subject to the following conditions:
(a) No Tenant Change shall affect the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;parts.
(b) no No Tenant Change shall affect any part of the Building outside of the Demised Premises shall be physically affected;Premises.
(c) No Tenant Change shall adversely affect the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;Building.
(d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and
(e) Before proceeding with any Tenant’s 's Changes, Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done for Landlord’s 's approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s 's approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx Xxx (exclusive of the costs of decorating work and items constituting Tenant’s PropertyTENANT'S PROPERTY, as defined in Article 14, and any architect’s 's and engineer’s 's fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s 's Changes at Tenant’s 's sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s 's overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s 's option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s 's cost (which building standard materials include items generally included within the term “"building standard materials” " in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s 's Changes. , Tenant’s 's general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “"All Risk” " insurance policy. Contractors agree to waive their right of subrogation against OwnerLandlord. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 1,000,000 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “"occurrence” " basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.
Appears in 1 contract
Samples: Lease (Aveta Inc)
TENANT'S CHANGES. 13.01 12.01 Tenant shall not may, at any time and from time to time during the term of this leaseTerm, at its sole expense, make such other alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, called "Changes" and as applied to changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises. In , excluding structural changes and changes affecting the event Landlord approves any requested Tenant’s Changesmechanical systems, Tenant agrees that these will be subject to on the following conditions, and providing such changes will not result in a violation of or require a change in the certificate of occupancy applicable to the Demised Premises:
(a) the The outside appearance appearance, character or the strength use of the Building or of any of its structural parts shall not be affected;
, and no Tenant's Changes shall weaken or impair the structural strength or, in the opinion of Landlord, lessen the value of the Building; (b) no No part of the Building outside of the Demised Premises shall be physically affected;
; (c) the The proper functioning of or any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
affected; (d) in In performing the work involved in making such changes, changes Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and
(e) Before At the Expiration Date, Tenant shall on Landlord's written request restore the Demised Premises to their condition prior to the making of any of the changes permitted by this Article, reasonable wear and tear excepted, and Landlord shall be entitled to additional security pursuant to Article 15 for the performance of Tenant's obligation; (f) At least thirty (30) days prior to proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all plans and specifications and all changes and revisions thereto for the proposed changes, and for the work to be done for Landlord’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx change (exclusive of the costs of decorating work and changes in items constituting "Tenant’s 's Property, " as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area13).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.
Appears in 1 contract
Samples: Office Lease Agreement (Star Telecommunications Inc)
TENANT'S CHANGES. 13.01 Tenant shall not may from time to time during the term of this leaseLease, at its expense, make such other alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised Premises. In , excluding structural changes, as Tenant may reasonably consider necessary for the event Landlord approves any requested Tenant’s Changesconduct of its business in the Demised Premises with the prior written consent of Landlord, Tenant agrees that these will which consent shall not be subject to unreasonably withheld, conditioned or delayed, on the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) except for Tenant’s option to install a back-up generator as set forth in Section 4.05, above, and further except for Tenant’s Roof Rights set forth in Article 43, below, no part of the Building outside of the Demised Premises shall be physically affected; if Tenant anticipates other changes which would physically affect the Building outside of the Demised Premises, Tenant may submit a written proposal of such changes for Landlord’s approval, which approval shall be at Landlord’s sole discretion. In no event may Tenant install or maintain any window air-conditioning unit;
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased. In the event that Tenant anticipates increase to its usage requirements of such systems, Tenant may submit a written proposal for Landlord’s approval to alleviate or expand such systems at Tenant’s sole cost and expense, approval of which shall be at Landlord’s sole discretion;
(d) all Tenant’s Changes shall be consistent with the first class character and quality of the Building, and its landmark status, if any;
(e) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and;
(ef) Before before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all proof reasonably satisfactory of the cost thereof and the name of the contractor who will be performing Tenant’s Changes for Landlord’s approval, which approval shall not be unreasonably withheld, conditioned (except hereby) or delayed. In selecting a contractor, Tenant will allow a contractor selected by Landlord to bid on the job but nothing herein shall be deemed to require Tenant to select such contractor. Additionally, before proceeding with any Tenant’s Changes other than those of a decorative nature such as painting, wall coverings and floor coverings, Tenant shall submit to Landlord plans and specifications and all changes and revisions thereto for the proposed changesthereto, and for the work to be done for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed except in connection with Tenant’s Changes which relate to items set forth in Section 13.01(a)-(c)) above and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Any mechanical and electrical engineering plans required in connection with Tenant’s Changes shall be prepared at Tenant’s sole cost and expense, by the Building’s engineer and any plans and specifications required to be submitted to, or filed with, any governmental agency shall be submitted or filed by the Building’s expediter, at Tenant’s sole cost and expense. A complete set of the plans and specifications shall be submitted by Tenant to both the Building manager at the Building and the Property Manager at Landlord’s address. In the event Landlord fails to respond to any items submitted by Tenant where Landlord’s approval is required, within thirty (30) days after submission thereof, Landlord’s approval as to such items shall be deemed to have been granted. Tenant agrees that any review or approval by Landlord of any plans and specifications is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. The granting by Landlord of its approval to such plans and specifications shall in no manner constitute or be deemed to constitute a judgment or acknowledgment by Landlord as to their legality or compliance with laws and/or requirements of public authorities. Additionally, the execution by Landlord of any application by or on behalf of Tenant for any permits, approvals, licenses or permission shall not be deemed to be an approval by Landlord of any of Tenant’s plans and specifications. Landlord may as a condition of its approval require Tenant to make reasonable revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.; and
(g) It is Tenant acknowledges and agrees that it shall not release any payment to any contractor, sub-contractor, vendor or supplier in connection with Tenant’s Work or Tenant’s Changes unless and until such contractor, sub-contractor, vendor or supplier has signed a Lien Waiver specific to the payment in form substantially as set forth as Exhibit F. Tenant further agreed upon that should the Tenant fail after agrees to provide a copy of each signed Lien Waiver to Landlord within three (3) days request by thereafter.
13.02 Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant’s Changes and for final approval thereof upon completion and shall furnish copies thereof to Landlord, and shall cause Tenant’s Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using first-class materials and equipment. Tenant’s Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord to provide any necessary information therefor to the Landlordlatter’s reasonable satisfaction) as not to impose any additional expense upon, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1renovation, maintenance or operation of the Building or any portion thereof. Before commencement Throughout the performance of Tenant’s Changes. , Tenant, at its expense, shall carry, or cause to be carried, worker’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property compensation insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for in statutory limits with a waiver of subrogation in favor of Landlord, the Present Additional Insureds and all other additional insureds as requested by Landlord and otherwise as set forth in Section 11.02(b) and commercial general liability insurance for any occurrence in or about the Building with limits and otherwise as set forth in Section 11.02(a) hereof. Failure Tenant shall furnish Landlord with satisfactory evidence that such insurance is in effect at or before the commencement of Tenant’s Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant’s Changes. If any of Tenant’s Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant’s Property (as defined in Article 14), such fixtures, equipment or other property shall be promptly replaced, at Tenant’s expense, with first-class fixtures, equipment or other property (as the case may be) of like utility and at least equal value unless Landlord shall otherwise expressly consent in writing and Tenant shall, upon Landlord’s request, deliver any such fixtures, equipment or property so removed to Landlord. All electrical and plumbing work in connection with Tenant’s Changes shall be performed by contractors or subcontractors licensed therefor by all governmental agencies having or asserting jurisdiction. Upon completion of Tenant’s Changes, Tenant shall furnish a complete set of “as built” plans and specifications to both the Building manager at the Building and to Landlord. Tenant is responsible for damages to the Building to the extent caused by Tenant, its employees, agents or invitees which arise out of or result from Tenant’s Changes.
13.03 Tenant shall defend, indemnify and save Landlord harmless from and against (a) all mechanic’s and other liens filed, and (b) all violations issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction, in connection with or arising from, or otherwise connected with, any Changes (including Tenant’s Work) or any other work claimed to have been done for, or materials furnished to, Tenant or any person or entity claiming by, through or under Tenant, whether or not done or furnished pursuant to this Article, including, without limitation, the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the contractor to secure Demised Premises, and maintain adequate coverage against all costs, expenses and liabilities incurred or paid in connection with any such lien, violation, security interest, conditional sale, or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall satisfy, cancel or discharge all such liens and violations, and remove same from the record (or may bond such liens) within fifteen (15) days after Landlord makes written demand therefor, provided, however, that the granting of such fifteen (15) days shall not obligate effect Tenant’s other obligations and liabilities under this Lease, including the indemnification obligation set forth in this Section.
13.04 Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 13 or any other provision of this Lease shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord’s union contracts affecting the Land and/or Building nor interference with the business of Landlord or its agents any Tenant or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws occupant of the State Building. In the event of New Jersey the occurrence of any condition described above arising from the exercise by Tenant of its right pursuant to the provisions of this Article 13 or any other provision of this Lease, Tenant shall, immediately upon notice from Landlord, cease the manner of exercise of such right giving rise to such condition. The parties agree that in such instance, Landlord will suffer irreparable harm for which money damages will be an insufficient remedy. For that reason, in the event Tenant fails to cease such manner of exercise of its rights as aforesaid, Landlord, in addition to any rights otherwise available to it under this Lease and Employers Liability coverage subject pursuant to law and equity, shall have the right to a limit court order granting an injunction against Tenant’s manner of no less than $500,000 each employeeexercise of its rights as aforesaid, $500,000 each accidentapplication for such injunction to be made without notice. With respect to Tenant’s Changes, Tenant shall make all arrangements for, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits pay all expenses incurred in connection with use of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in freight elevators servicing the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.Demised Premises.
Appears in 1 contract
TENANT'S CHANGES. 13.01 Tenant shall make no changes in or to the Demised Premises of any nature without Landlord's prior written consent in each instance, except as otherwise expressly permitted in this Article.
(a) With Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant may, from time to time during the term of this lease, at its sole expense, make such alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”called "NONSTRUCTURAL CHANGES") in and to the interior of the Demised Premises. In Premises that are not structural in nature, that do not result in, or require, an amendment to, or modification of, the event Landlord approves certificate of occupancy for the Building, and that do not otherwise affect the structural parts or integrity of the Building and do not affect the proper functioning of any requested Tenant’s Changesof the Building's utilities, systems or services, as Tenant agrees that these will be subject to may reasonably consider necessary for the conduct of its business therein, on the following conditions:
(ai) neither the outside appearance or nor the strength of the Building or of any of its structural parts shall not be affected;
(bii) no part of the Building outside of the Demised Premises shall be physically affected;; and
(ciii) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or affected, and the usage of such systems by Tenant shall not be increased;increased in excess of that permitted under this lease.
(db) in performing For the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections purposes of this Article; and
, a "DECORATIVE CHANGE" shall mean a Nonstructural Change that is entirely decorative in nature, does not require the approval of any governmental or quasi-governmental authority and conforms to the then design criteria of the Building (e) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and shall submit as established from time to Landlord all plans and specifications and all changes and revisions thereto for the proposed changestime by Landlord), and for the work to be done for Landlord’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and "PERMITTED NONSTRUCTURAL CHANGE" shall mean a Nonstructural Change that conforms to the plans then design criteria of the Building (as established from time to time by Landlord) and specifications does not require the approval of any governmental or quasi-governmental authority, the cost of which, together with the cost of all other Changes (other than Decorative Changes) that have not been completed and to post a bond or other security reasonably satisfactory to Landlord to insure fully paid for, is not more than $500,000.00 during the completion of such changeFirst Rent Period, $550,000.00 during the Second Rent Period and $610,000.00 during the Third Rent Period. Notwithstanding the foregoing, Landlord’s approval of plans and specifications to the extent that adding or replacing any cabling within the Demised Premises is otherwise a Permitted Nonstructural Change, the cost thereof shall not be required considered in connection with the limitations described in the preceding sentence. Landlord's approval shall be deemed given for all Decorative Changes and Permitted Nonstructural Changes, provided that (i) same are performed in accordance with, and subject to, this Article and all other applicable provisions of this lease, and (ii) at least ten (10) days prior to commencing any cosmetic non-structural changesuch Decorative Change or Permitted Nonstructural Change, Tenant gives to Landlord a notice of Tenant's intention to perform such Decorative Change(s) or Permitted Nonstructural Change(s), which notice, to be effective, shall be accompanied by a reasonably detailed description of the Decorative Change(s) or Permitted Nonstructural Change(s) that Tenant intends to perform, the estimated cost commencement date and completion date of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00such Decorative Change(s) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14or Permitted Nonstructural Change(s), and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulationsthe estimated cost thereof.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.
Appears in 1 contract
Samples: Lease Agreement (About Com Inc)
TENANT'S CHANGES. 13.01 13.1 Tenant shall not during the term of this leasecovenants and agrees that Tenant will make no alterations, make alterationsinstallations, repairs, additions, installationimprovements or replacements, substitutionsincluding, improvements and decorations without limitation, Tenant's Initial Alterations (as defined in Section 13-2) (hereinafter collectively referred called "Tenant's Changes") in, to or about the Demised Premises without Landlord's prior written consent, and then only by contractors or mechanics set forth in Schedule 2 annexed hereto or otherwise approved in advance by Landlord which consent, provided that such contractors comply with the provisions of Section 13.3, shall not be unreasonably withheld or unduly delayed. Tenant's Changes shall be done at Tenant's sole expense and at such times and in such manner as “changes” and, as applied Landlord may from time to changes provided for in this Article, “Tenant’s Changes”) in and time designate. Prior to the Demised Premises. In the event Landlord approves commencement of any requested Tenant’s 's Changes, Tenant agrees that these will shall submit to Landlord, for Landlord's written approval, three sets of plans and specifications (to be subject prepared by a licensed architect and/or engineer and at the expense of Tenant) of such proposed Tenant's Changes in detail reasonably satisfactory to Landlord. The Landlord reserves the following conditions:
right to refer such plans and specifications to Landlord's consulting architects and/or engineers for review at Tenant's expense not to exceed fifty cents (a$0.50) the outside appearance or the strength for each square foot of the Building Demised Premises affected by the applicable Tenant's Changes, provided, however, that in no event shall the expenses for such architects and/or engineer's review of Tenant's plans and specifications for Tenant's Initial Alterations exceed $5,000,00. The Tenant shall comply with all reasonable changes or of any of its structural parts requirements recommended by Landlord's consultants. Landlord shall not be affected;
unreasonably withhold or unduly delay its consent to any non-structural Tenant's Changes provided that such Tenant's Changes (bi) no are not visible from the-outside of the Building, (ii) do not affect any part of the Building outside other than the Demised Premises, (iii) do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Demised Premises shall be physically affected;
Building, (civ) do not adversely affect the proper functioning of any of the Building mechanical, electrical, sanitary and sanitary, heating, air-conditioning, ventilating, elevator, plumbing, life safety or other service systems and (v) do not reduce the value or utility of the Building shall not be adversely affected Demised Premises or the usage Building. In no event shall any material or equipment be incorporated in or to the Demised Premises in connection with any such Tenant's Changes which is subject to any lien, security agreement, charge, mortgage or encumbrance of such systems any kind whatsoever or is subject to any conditional sale or other similar or dissimilar title retention agreement. Tenant's Changes shall at all times comply with (1) all laws, rules, orders, regulations and ordinances of governmental and municipal authorities having jurisdiction thereof, (2) the rules and regulations of Landlord, and (3) architectural plans and specifications prepared by and at the expense of Tenant theretofore submitted to Landlord for Landlord's prior written approval and approved by Landlord, and shall be undertaken and completed in a good, workmanlike manner using new or comparable to new materials which shall be of a quality comparable to the original installations in the Demised Premises. No Tenant's Changes shall be commenced by Tenant or any one acting for or on behalf of Tenant until Landlord has approved such plans and specifications, and no amendments or additions to such plans and specifications shall not be increased;
made without the prior written consent of Landlord. With respect to any Tenant's Changes having a cost in excess of Fifty Thousand Dollars (d) in performing the work involved in making such changes$50,000.00), Tenant shall be bound deliver to Landlord waivers of lien from all contractors, subcontractors and material suppliers involved in the performance of such Tenant's Changes and the furnishing of materials in connection therewith, together with a certificate from Tenant's architect stating that (i) in the architect's opinion, such Tenant's Changes have been performed (and completed) in a good and workmanlike manner and in accordance with the plans and specifications therefore as approved by Landlord, and observe (ii) all contractors, subcontractors and material suppliers have been paid for the work performed in connection with such Tenant's Changes or the material furnished in connection therewith.
13.2 Following the Commencement Date, Tenant shall commence and proceed to complete within one (1) year after the Commencement Date all of the conditions work necessary for Tenant to prepare the Demised Premises for Tenant's use and covenants contained occupancy and, at Tenant's election, to construct an internal stairway, to be denoted on Tenant's plans and specifications, and to be in an area of the following Sections Demised Premises reasonably agreed to by Landlord and Tenant (all of the work necessary to do so, exclusive of Landlord's Work, is herein referred to as "Tenant's Initial Alterations"). Tenant's Initial Alterations shall be undertaken and completed in accordance with this Lease and the provisions of this Article; and
(e) Before proceeding with any Article 13 provided, however, that Landlord agrees that, provided Tenant’s Changes, Tenant will advise Landlord thereof and shall submit to Landlord all 's plans and specifications for Tenant's Initial Alterations are in reasonably sufficient detail so as to show the design, character and all changes and revisions thereto for the proposed changes, and for appearance of the work to be done for included as Tenant's Initial Alterations, Landlord shall review and approve or disapprove same within ten (10) business days after Tenant's submission thereof to Landlord’s . If Landlord shall inform Tenant in writing, of its objections to said plans and specifications, Tenant shall comply with all changes or requirements reasonably recommended by Landlord's consultants and shall submit revised plans and specifications to Landlord. The failure of Landlord to inform Tenant of any further objections to the revised plans and specifications within seven (7) business days after Tenant's submission of such revised plans and specifications shall constitute Landlord's approval thereof.
13.3 Tenant agrees that it will not at any time prior or during the term of this Lease, either directly or indirectly use any contractors, labor or materials if the use of such contractors, labor or materials would create any difficulty with other contractors, or labor engaged by Tenant or Landlord or other engaged in the construction, maintenance or operation of the Building or any part thereof. Landlord acknowledges and agrees that the contractors and/or engineers set forth on Schedule 2 annexed to this Lease do not violate the provisions of this Section 13.3.
(a) Prior to making any Tenant's Changes, include Tenant's Initial Alterations, Tenant shall, upon demand of at Tenant's sole cost and expense obtain all permits, approvals and certificates required by all governmental or municipal authorities having jurisdiction and shall furnish copies thereof to Landlord, pay shall furnish to Landlord duplicate original policies or certificate thereof of workers' compensation and builder's risk insurance covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with Tenant's changes, such insurance to otherwise comply with the reasonable costs incurred provisions of Article 11 of this Lease and, upon completion of Tenant's Changes, obtain, at Tenant's expense certificates of final approval thereof if same are required by any governmental or municipal authority having jurisdiction, a copy of which shall be furnished to Landlord.
(b) Any review or approval by Landlord of any plans and/or specifications with respect to any Tenant's Changes is solely for Landlord's benefit and without any representation to Tenant or another person or entity with respect to the review of such adequacy, correctness, legality or efficiency thereof, or otherwise.
13.5 All plans and specifications and all changes and revisions thereto submitted by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions Landlord for Landlord's approval shall, if applicable, comply with the compartmentation requirements of the City of New York Local Law #5/1973, as amended, and Landlord shall not be deemed unreasonable in withholding its consent to any plans or specifications not complying therewith.
13.6 If any mechanic's lien is filed against the Building or the Demised Premises for work done or claimed to be done or for materials furnished or claimed to be furnished to Tenant, including, without limitation, in connection with Tenant's Changes, the same shall be discharged by Tenant, at its expense, within thirty (30) days thereafter, by filing the bond required by law, by payment or otherwise. Nothing contained in this Lease shall constitute a consent or request by Landlord, express or implied, for the performance of any labor or services or the furnishing of any materials or other property in respect of the Demised Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the performance of any labor or services or the furnishing of any materials of other property in such fashion as would permit the making of any claim against Landlord in respect thereof. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant on credit and that no mechanic or other lien for any such labor or material shall attach to the Building or affect the reversion or other estate or interest of Landlord in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulationsDemised Premises.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.
Appears in 1 contract
Samples: Lease (Merit Behavioral Care Corp)
TENANT'S CHANGES. 13.01 12.01. Tenant shall not during the term of this leasemake no changes, make alterations, additions, installationinstallations, substitutions, or improvements and decorations (hereinafter collectively referred to as called “changes” ”, and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised PremisesPremises without the express prior written consent of Landlord, which shall not be unreasonably withheld. In All proposed Tenant’s Changes shall be submitted to Landlord for written consent at least thirty (30) days prior to the event date Tenant intends to commence such changes, such submission to include all plans and specifications for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant’s Changes. If Landlord approves any requested consents to Tenant’s Changes, Tenant agrees that these will be subject may commence and diligently prosecute to completion Tenant’s Changes, under the direct supervision of Landlord. Notwithstanding the foregoing to the contrary: Landlord’s consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the Demised Premises, the manufacturer of the paint and the color of the paint. Landlord’s consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. Landlord’s consent shall not be required for wall covering provided Tenant provides Landlord with the manufacturer and type of wall covering and such wall covering is properly sized to the walls when installed. Tenant shall pay to Landlord a supervision fee (which shall include the cost of review of the proposed Tenant’s Changes) equal to five percent (5%) of the certified “hard” cost of completion of Tenant’s Changes; provided, however, that no supervision fee shall be applicable to Tenant’s Work (other than the construction management fee set forth in Exhibit C) or to painting, carpeting and/or the installation of wall coverings (collectively, “Cosmetic Changes”). Prior to the commencement of Tenant’s Changes (other than Tenant’s Work and Cosmetic Changes), Tenant shall pay to Landlord five percent (5%) of the estimated “hard” cost of completion (the “Estimated Payment”) as additional rent. Within fifteen (15) days after completion of Tenant’s Changes (other than Tenant’s Work and Cosmetic Changes), Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total “hard” cost of completion of Tenant’s Changes (the “Total Cost”). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded five percent (5%) of the Total Cost, Landlord shall pay the amount of excess directly to Tenant within thirty (30) days of Tenant’s delivery of the certified statement. If such certified statement furnished by Tenant shall indicate that five percent (5%) of the Total Cost exceeded Tenant’s Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.
12.02. Notwithstanding the provisions of Section 12.01, any and all proposed Tenant’s Changes which shall materially affect or materially alter the following conditionsitems shall require Landlord’s express written consent, which may be denied in Landlord’s sole and absolute discretion:
(a) the The outside appearance or the strength of the Building or of any of its structural parts shall not be affected;parts; or
(b) no part of the Building outside of the Demised Premises shall be physically affected;Any other tenant’s premises; or
(c) the proper functioning of any of the The base building mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected Building, or materially increase the usage of such systems system (i.e., supplemental or back-up facilities). If Landlord shall provide its express written consent, then all such work shall be performed only by the Landlord, at a reasonable cost to be mutually agreed upon between Landlord and Tenant.
12.03. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant’s Changes and for final approval thereof upon completion, and shall cause Tenant’s Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant’s Changes shall be performed in such manner as not to unreasonably interfere with, delay, or impose any additional expense upon Landlord in the construction, maintenance or operation of the Building unless Tenant shall not be increased;
(d) in performing indemnify Landlord therefore to the work involved in making such changes, Tenant shall be bound by and observe all latter’s reasonable satisfaction. Throughout the performance of the conditions and covenants contained in the following Sections of this Article; and
(e) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and Tenant, at its expense, shall submit carry, or cause to Landlord all plans and specifications and all changes and revisions thereto for the proposed changesbe carried, worker’s compensation insurance in required statutory limits, and general liability insurance for any occurrence in or about the work to Building, in which Landlord and its agents shall be done for Landlord’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of named as additional insureds in such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. limits as Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord to insure with reasonably satisfactory evidence that such insurance is in effect at or before the completion commencement of such change. Notwithstanding the foregoing, Landlord’s approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlordand, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord mayrequest, at it’s option, perform reasonable intervals thereafter during the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement continuance of Tenant’s Changes. If any of Tenant’s general contractor Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant’s Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant’s expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value, which shall become the property of Landlord upon installation. In addition, unless Landlord shall otherwise expressly consent in writing, the Tenant shall deliver such removed fixtures to Landlord.
12.04. Tenant, shall not do any act, or make any contract, which may create or be the foundation for any lien or other encumbrance upon any interest of Landlord or any ground or underlying lessor in any portion of the Demised Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any Construction Lien Claim or other lien (collectively “Lien”), charge, or order for the payment of money or other encumbrances shall be filed against Landlord and/or sub-contractors any ground or underlying lessor and/or any portion of the Demised Premises (whether or not such Lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its own cost and expense, cause same to be discharged of record or bonded within fifteen (15) days after the filing thereof, and Tenant shall secureindemnify and save harmless Landlord and all ground and underlying lessor(s) against and from all costs, pay liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or bonding any such Lien, charge, order or encumbrance, and Tenant agrees to reimburse Landlord for other sums of money in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers, and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed any other persons now or leased by the hereafter contracting with Tenant or any contractor or their employees) subcontractor of Tenant for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Demised Premises at any time from the date hereof until the end of the Term of this Lease are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such Lien by bonding same and otherwise complying with the provisions of Section 9.02.
12.05. Tenant agrees that the exercise of its rights pursuant to the full replacement value thereof during the full term provisions of this contractArticle 12 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute, nor interference with the business of Landlord or any tenant or occupant of the Building. This insurance shall insure against damage In the event of a labor dispute including a strike, picketing, informational or loss caused by fire associational activities directed at Tenant or any other tenant, Landlord reserves the right unilaterally to alter Tenant’s ingress and egress to the Building or make any other perils covered by changes in operating conditions to restrict pedestrian, vehicular or delivery ingress and egress to a standard “All Risk” insurance policyparticular location. Contractors agree Landlord represents, warrants and covenants that no union contracts presently affect the Land and/or the Building; provided, however, that Landlord is obligated to waive their right of subrogation against Owneruse union cleaning contractors. The property policy shall allow for a waiver foregoing provisions of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage this Section 12.05 shall not obligate the Landlord be construed to require Tenant or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject contractors to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.use union labor.
Appears in 1 contract
TENANT'S CHANGES. 13.01 Tenant shall make no changes in or to the Demised Premises of any nature without Landlord's prior written consent in each instance, except as otherwise expressly permitted in this Article.
(a) With Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld or delayed, Tenant may, from time to time during the term of this lease, at its sole expense, make such alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “changes” and, as applied to changes provided for in this Article, “Tenant’s called "Changes”") in and to the interior of the Demised Premises. In Premises that do not affect the event Landlord approves any requested Tenant’s Changes, Tenant agrees that these will be subject to the following conditions:
(a) the outside appearance structural parts or the strength structural integrity of the Building or of any of its structural parts shall not be affected;
(b) no part of the Building area outside of the Demised Premises shall be physically affected;or adversely affect any Building System.
(cb) For the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
(d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections purposes of this Article; and
(e) Before proceeding with any Tenant’s Changes, Tenant will advise Landlord thereof and a "Decorative Change" shall submit to Landlord all plans and specifications and all changes and revisions thereto for mean a nonstructural Change that is entirely decorative in nature, does not require the proposed changes, and for the work to be done for Landlord’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s approval of plans any governmental or quasi-governmental authority and specifications a "Permitted Nonstructural Change" shall mean a nonstructural Change that does not be required in connection with affect any cosmetic nonarea outside the Demised Premises or adversely affect the Building Systems that or require the approval of any governmental or quasi-structural changegovernmental authority, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials together with the City of Fort Lxx (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14, and any architect’s and engineer’s fees) and provided same complies with all applicable laws, rules and regulations.
(f) Except in connection with Cosmetic Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay to Landlord, on demand, an amount equal to twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said workall other Changes that have not been completed and fully paid for, plus twenty (20%) percent of is not more than $7.50 per rentable square foot. Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s 's approval shall be deemed given for all Decorative Changes and Permitted Nonstructural Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: provided that (i) property insurance upon same are performed in accordance with, and subject to, this Article and all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term other applicable provisions of this contract. This insurance shall insure against damage or loss caused by fire lease, and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws at least ten (10) days prior to commencing any such Decorative Change or Permitted Nonstructural Change, Tenant gives to Landlord a notice of Tenant's intention to perform such Decorative Change(s) or Permitted Nonstructural Change(s), which notice, to be effective, shall be accompanied by a reasonably detailed description of the State Decorative Change(s) or Permitted Nonstructural Change(s) that Tenant intends to perform, the estimated commencement date and completion date of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accidentsuch Decorative Change(s) or Permitted Nonstructural Change(s), and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.estimated cost thereof.
Appears in 1 contract
Samples: Lease Agreement (Ivillage Inc)
TENANT'S CHANGES. 13.01 Tenant shall not may from time to time during the term of this lease, at its expense, make such other alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “"changes” " and, as applied to changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises. In , excluding structural changes, as Tenant may reasonably consider necessary for the event Landlord approves any requested Tenant’s Changesconduct of its business in the Demised Premises, Tenant agrees that these will be subject to on the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) no part of the Building outside of the Demised Premises shall be physically affected;
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increased;
(d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and;
(e) Before before proceeding with any Tenant’s 's Changes, Tenant will advise Landlord thereof and shall submit to Landlord all proof reasonably satisfactory of the cost thereof and shall submit the names of the contractors or subcontractors who will be performing Tenant's Changes for Landlord's approval, which approval shall not be unreasonably withheld or delayed. Additionally, before proceeding with any Tenant's Changes, Tenant shall submit to Landlord plans and specifications and all changes and revisions thereto for the proposed changesthereto, and for the work to be done for Landlord’s 's approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change. Notwithstanding the foregoing, Landlord’s 's approval of plans and specifications shall not be required in connection with any cosmetic non-structural change, the estimated cost of which, in the aggregate, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without the filing of any materials with the City of Fort Lxx 25,000.00 (exclusive of the costs of decorating work and items constituting Tenant’s 's Property, as defined in Article 14, and any architect’s 's and engineer’s 's fees) ).
13.02 Tenant, at its expense, shall obtain all necessary governmental permits and provided same complies certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion and shall furnish copies thereof to Landlord, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable lawslaws and requirements of public authorities, rules and regulations.
with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (funless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) Except as not to impose any additional expense upon, Landlord in connection with Cosmetic the construction, maintenance or operation of the Building or any portion thereof. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Building as set forth in Section 11.02 hereof, in which Landlord will choose a contractor who will perform and its agents shall be named as parties insured, in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with satisfactory evidence that such insurance is in effect at or before the commencement of Tenant’s 's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 14), such fixtures, equipment or other property shall be promptly replaced, at Tenant’s 's expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value unless Landlord shall otherwise expressly consent in writing and Tenant shall, upon Landlord's request, store and preserve, at Tenant's sole cost and expense, any such fixtures, equipment or property so removed and shall return same to Landlord upon the expiration or sooner termination of this lease. AdditionallyAll electrical and plumbing work in connection with Tenant's changes shall be performed by contractors or subcontractors licensed therefor by all governmental agencies having or asserting jurisdiction. Upon the completion of Tenant's Changes, Tenant shall pay furnish to Landlord a complete set of "as built" plans and specifications.
13.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Tenant's Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the Demised Premises and against all costs, expense and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within fifteen (15) days after Landlord makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation, provided that Tenant shall comply with the provisions of Section 10.02.
13.04 Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 13 or any other provision of this lease shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and/or Building nor interference with the business of Landlord or any Tenant or occupant of the Building. In the event of the occurrence of any condition described above arising from the exercise by Tenant of its right pursuant to the provisions of this Article 13 or any other provision of this lease, Tenant shall, immediately upon notice from Landlord, on demandcease the manner of exercise of such right giving rise to such condition. In the event Tenant fails to cease such manner of exercise of its rights as aforesaid, an amount equal Landlord, in addition to twenty (20%) percent any rights available to it under this lease and pursuant to law, shall have the right to injunction without notice. With respect to Tenant's Changes, Tenant shall make all arrangements for, and pay all expenses incurred in connection with, use of the contract price, which includes Landlord’s overhead for administration, review and handling of freight elevators servicing the ChangesDemised Premises.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by Landlord to provide any necessary information to the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area).
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.
Appears in 1 contract
TENANT'S CHANGES. 13.01 Tenant shall not may from time to time during the term of this lease, at its expense, make such other alterations, additions, installationinstallations, substitutions, improvements and decorations (hereinafter collectively referred to as “"changes” " and, as applied to changes provided for in this Article, “"Tenant’s 's Changes”") in and to the Demised Premises. In , excluding structural changes, as Tenant may reasonably consider necessary for the event Landlord approves any requested Tenant’s Changesconduct of its business in the Demised Premises, Tenant agrees that these will be subject to on the following conditions:
(a) the outside appearance or the strength of the Building or of any of its structural parts shall not be affected;
(b) except as otherwise expressly provided in this lease, no part of the Building outside of the Demised Premises shall be physically affected;
(c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected or the usage of such systems by Tenant shall not be increasedincreased above the allocations set forth in this lease;
(d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in the following Sections of this Article; and;
(e) Before before proceeding with any Tenant’s 's Changes, Tenant will advise Landlord thereof and shall submit to Landlord all proof reasonably satisfactory of the cost thereof and shall submit the names of the contractors or subcontractors who will be performing Tenant's Changes for Landlord's approval, which approval shall not be unreasonably withheld or delayed. Additionally, before proceeding with any Tenant's Changes (i) for which plans and specifications must be submitted to any governmental agency; or (ii) any change to the electrical, sanitary, plumbing or any other Building system, or (iii) which involves any structural change, Tenant shall submit to Landlord plans and specifications and all changes and revisions thereto for the proposed changesthereto, and for the work to be done for Landlord’s 's approval, which approval, with respect to the plans and specifications for the work set forth in subdivision (i) above, shall not be unreasonably withheld or delayed. Any objections by Landlord to such plans and specifications must be in reasonably specific detail. In the event that Landlord fails to respond to Tenant within fifteen (15) business days of Tenant's submission of such plans and specifications, Tenant shall send to Landlord a notice (hereinafter referred to as the "Second Notice") which shall state that unless Landlord responds to the submission of such plans and specifications within ten (10) days after receipt of the Second Notice, Landlord's approval of the work set forth in the plans and specifications shall be deemed granted, and, in the event Landlord fails to respond to such Second Notice within ten (10) days of receipt thereof, Landlord will be deemed to have consented to the work set forth in the plans and specifications. Tenant shall, upon within fifteen (15) days of demand of by Landlord, pay to Landlord the reasonable out-of-pocket costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its any third-party architect, engineer and other consultants. With respect to any other changes to be performed by Tenant, Tenant shall submit plans and specifications for information purposes only prior to proceeding with such changes. Tenant agrees that any review or approval by Landlord of any plans and specifications is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. The granting by Landlord of its approval to such plans and specifications shall in no manner constitute or be deemed to constitute a judgment or acknowledgment by Landlord as to their legality or compliance with laws and/or requirements of public authorities. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and and, with respect to any change (other than Tenant's Work as defined in Article 4) the estimated cost of which equals or exceeds $250,000.00 as certified by Tenant's licensed architect in writing to Landlord delivered prior to the commencement of such change, require Tenant to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change.
13.02 Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion and shall furnish copies thereof to Landlord, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using first-class materials and equipment. Notwithstanding Upon Tenant's request and at Tenant's sole cost and expense, Landlord shall join in the foregoingapplication for any licenses, Landlord’s approval permits, approvals and authorizations whenever such action is necessary and shall otherwise reasonably cooperate with Tenant provided, however, that in no event shall Landlord be obligated to join in any application or otherwise permit a change in the certificate of plans occupancy for the Building or the Demised Premises. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and specifications (unless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) as not to impose any additional expense upon, Landlord in the maintenance or operation of the Building or any portion thereof. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be required carried, worker's compensation insurance in connection with statutory limits and general liability insurance for any cosmetic non-structural change, occurrence in or about the estimated cost of whichBuilding as set forth in Section 11.02 hereof, in which Landlord and its agents shall be named as parties insured. Tenant shall furnish Landlord with satisfactory evidence that such insurance is in effect at or before the aggregatecommencement of Tenant's Changes and, does not exceed seven thousand five hundred ($7,500.00) dollars provided such changes may be undertaken without on request, at reasonable intervals thereafter during the filing continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any materials with fixtures, equipment or other property in the City of Fort Lxx Demised Premises which are not Tenant's Property (exclusive of the costs of decorating work and items constituting Tenant’s Property, as defined in Article 14), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with new fixtures, equipment or other property (as the case may be) of like utility and any architect’s at least equal value unless Landlord shall otherwise expressly consent in writing and engineer’s fees) Tenant shall, upon Landlord's request, return same to Landlord. All electrical and provided same complies with all applicable laws, rules and regulations.
(f) Except plumbing work in connection with Cosmetic Tenant's changes shall be performed by contractors or subcontractors licensed therefor by all governmental agencies having or asserting jurisdiction. Upon the completion of Tenant's Changes, Landlord will choose a contractor who will perform the Tenant’s Changes at Tenant’s sole cost and expense. Additionally, Tenant shall pay furnish to LandlordLandlord a complete set of "as-built" plans and specifications if prepared by or on behalf of Tenant and, on demandif not prepared, an amount equal a complete set of approved plans and specifications modified to show field and other changes and revisions thereto.
13.03 Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Tenant's Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the Demised Premises and against all costs, expense and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within twenty (20%) percent of the contract price, which includes Landlord’s overhead for administration, review and handling of the Changes.
(g) It is further agreed upon that should the Tenant fail after three (3) days request by after Landlord to provide makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any necessary information to such notice of violation, provided that Tenant shall comply with the Landlord, the Landlord may, at it’s option, perform the Changes using building standard materials and charge Tenant the cost provisions of said work, plus twenty (20%) percent of Landlord’s cost (which building standard materials include items generally included within the term “building standard materials” in the Metropolitan New York area)Section 10.
(h) 1. Before commencement of Tenant’s Changes. Tenant’s general contractor and/or sub-contractors shall secure, pay for and maintain the following insurance: (i) property insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and other perils covered by a standard “All Risk” insurance policy. Contractors agree to waive their right of subrogation against Owner. The property policy shall allow for a waiver of subrogation in favor of Landlord. Failure of the contractor to secure and maintain adequate coverage shall not obligate the Landlord or its agents or employees for any losses; (ii) Workers Compensation affording coverage under the Workers Compensation laws of the State of New Jersey and Employers Liability coverage subject to a limit of no less than $500,000 each employee, $500,000 each accident, and $500,000 policy limit; (iii) Commercial General Liability Insurance for limits of $1,000,000.00 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $2,000,000 aggregate Products and Completed Operations Liability, $100,000 Fire Legal Liability and $2,000,000 General Aggregate limit per location per job. The policy shall be written on an occurrence basis with no deductible; (iv) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles; and (v) Umbrella Liability Insurance at not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraphs (i), (ii), (iii) and (iv) above. This policy shall be written on an “occurrence” basis. All policies noted in the above shall be written with insurance companies licensed to business in the State of New Jersey and rate no lower than A:10 in the most current edition of A.M.
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