Tenant's Right to Construct. Subject to the prior written approval of Landlord in its reasonable discretion, during the Lease Term Tenant may make alterations, additions, changes and/or improvements to the Property (individually, a "Tenant Improvement," and collectively, "Tenant Improvements"). Any such Tenant Improvement shall be made at Tenant's sole expense and shall become the property of Landlord upon termination of this Lease. Unless made on an emergency basis to prevent injury to Person or property, Tenant will submit plans and specifications for any Tenant Improvements, in the form necessary for any required building permits, to Landlord for Landlord's prior written approval, such approval not to be unreasonably withheld or delayed. Upon approval by Landlord: (a) Tenant shall diligently seek all governmental approvals and any other necessary private approvals (E.G., ground lessor, mortgagee, etc.) relating to the construction of any Tenant Improvement; and (b) once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently prosecute any such Tenant Improvement to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the Property; and (c) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against the Property or any part thereof, and Tenant agrees to hold Landlord and the Property free and harmless from all liability from any such liens, claims or demands, together with all costs and expenses in connection therewith; and (d) all work shall be performed in a good and workmanlike manner.
Appears in 6 contracts
Samples: Lease (Golf Trust of America Inc), Contribution and Leaseback Agreement (Golf Trust of America Inc), Lease (Golf Trust of America Inc)
Tenant's Right to Construct. Subject to the prior written approval of Landlord in its reasonable discretion, during the Lease Term Tenant may make alterations, additions, changes and/or improvements to the Property (individually, a "Tenant Improvement," and collectively, "Tenant Improvements"). Any such Tenant Improvement shall be made at Tenant's sole expense and shall become the property of Landlord upon termination of this Lease. Unless made on an emergency basis to prevent injury to Person or property, Tenant will submit plans and specifications for any Tenant Improvements, in the form necessary for any required building permits, to Landlord for Landlord's prior written approval, such approval not to be unreasonably withheld or delayed. Upon approval by Landlord:
(a) Tenant shall diligently seek all governmental approvals and any other necessary private approvals (E.G., ground lessor, mortgagee, etc.) relating to the construction of any Tenant Improvement; and
(b) once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently prosecute any such Tenant Improvement to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the Property; and
(c) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against the Property or any part thereof, and Tenant Xxxxxx agrees to hold Landlord and the Property free and harmless from all liability from any such liens, claims or demands, together with all costs and expenses in connection therewith; and
(d) all work shall be performed in a good and workmanlike manner.
Appears in 3 contracts
Samples: Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc)
Tenant's Right to Construct. Subject to the prior written approval of Landlord in its reasonable discretion, during the Lease Term Tenant may make alterations, additions, changes and/or improvements to the Property (individually, a "Tenant Improvement," and collectively, "Tenant Improvements"). Any such Tenant Improvement shall be made at Tenant's sole expense expense, except for the Capital Improvements, and shall become the property of Landlord upon termination of this Lease. Unless made on an emergency basis to prevent injury to Person or property, Tenant will submit plans and specifications for any Tenant Improvements, in the form necessary for any required building permits, to Landlord for Landlord's prior written approval, such which approval shall not to be unreasonably withheld or delayed. Upon approval by Landlord:
(a) Tenant shall diligently seek all governmental approvals and any other necessary private approvals (E.G., ground lessor, mortgagee, etc.) relating to the construction of any Tenant Improvement; and
(b) once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently prosecute any such Tenant Improvement to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the Property; and
(c) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against the Property or any part thereof, and Tenant agrees to hold Landlord and the Property free and harmless from all liability from any such liens, claims or demands, together with all costs and expenses in connection therewith; and
(d) all work shall be performed in a good and workmanlike manner.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)
Tenant's Right to Construct. Subject to the prior written approval of Landlord in its reasonable sole discretion, during the Lease Term Tenant may make alterations, additions, changes and/or improvements to the Property (individually, a "Tenant Improvement," and collectively, "Tenant Improvements"). Any such Tenant Improvement shall be made at Tenant's sole expense expense, except for the Capital Improvements, and shall become the property of Landlord upon termination of this Lease. Unless made on an emergency basis to prevent injury to Person or property, Tenant will submit plans and specifications for any Tenant Improvements, in the form necessary for any required building permits, to Landlord for Landlord's prior written approval, such which approval not to shall be unreasonably withheld or delayedat Landlord's sole discretion. Upon approval by Landlord:
(a) Tenant shall diligently seek all governmental approvals and any other necessary private approvals (E.G., ground lessor, mortgagee, etc.) relating to the construction of any Tenant Improvement; and
(b) once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently prosecute any such Tenant Improvement to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the Property; and
(c) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against the Property or any part thereof, and Tenant Xxxxxx agrees to hold Landlord and the Property free and harmless from all liability from any such liens, claims or demands, together with all costs and expenses in connection therewith; and
(d) all work shall be performed in a good and workmanlike manner.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)
Tenant's Right to Construct. Subject to the prior written approval of Landlord in its reasonable discretion, during the Lease Term Tenant may make alterations, additions, changes and/or improvements to the Property (individually, a "Tenant Improvement," and collectively, "Tenant Improvements"), provided any Tenant Improvements costing $250,000 or less shall not require approval of Landlord. Any Except as set forth in Section 12.9 below, any such Tenant Improvement shall be made at Tenant's sole expense and shall become the property of Landlord upon termination of this Lease. Unless made on an emergency basis to prevent injury to Person or property, Tenant will submit plans and specifications for any Tenant Improvements, in the form necessary for any required building permits, to Landlord for Landlord's prior written approval, such approval not to be unreasonably withheld or delayeddelayed and withheld or delayed and shall not be withheld so long as such alterations, additions, changes and/or improvements do not have a material adverse affect on the value of the Property. Upon approval by Landlord:
(a) Tenant shall diligently seek all governmental approvals and any other necessary private approvals (E.G., ground lessor, mortgagee, etc.) relating to the construction of any Tenant Improvement; and
(b) once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently prosecute any such Tenant Improvement to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the Property; and
(c) Tenant shall not suffer or permit any mechanics' liens exceeding One Hundred Thousand Dollars ($100,000) in the aggregate at any one time to exist against the Property (and with respect to such liens will cause them to be removed of record or bonded over not less than thirty (30) days prior to scheduled foreclosure pursuant to any such liens) or suffer or permit any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against the Property or any part thereof, and Tenant agrees to hold Landlord and the Property free and harmless from all liability from any such liens, claims or demands, together with all costs and expenses in connection therewith; and
(d) all work shall be performed in a good and workmanlike manner.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)
Tenant's Right to Construct. Subject to the prior written approval of Landlord in its reasonable discretion, during the Lease Term Tenant may make alterations, additions, changes and/or improvements to the Property (individually, a "Tenant Improvement," '' and collectively, "Tenant Improvements"). Any such Tenant Improvement shall be made at Tenant's sole expense and shall become the property of Landlord upon termination of this Lease. Unless made on an emergency basis to prevent injury to Person or property, Tenant will submit plans and specifications for any Tenant Improvements, in the form necessary for any required building permits, to Landlord for Landlord's prior written approval, such approval not to be unreasonably withheld or delayed. Upon approval by Landlord:
(a) Tenant shall diligently seek all governmental approvals and any other necessary private approvals (E.G., ground E.G.,ground lessor, mortgagee, etc.) relating to the construction of any Tenant Improvement; and
(b) once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently prosecute any such Tenant Improvement to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the Property; and
(c) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against the Property or any part thereof, and Tenant agrees to hold Landlord and the Property free and harmless from all liability from any such liens, claims or demands, together with all costs and expenses in connection therewith; : and
(d) all work shall be performed in a good and workmanlike manner.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)