Tenant’s Rights. Tenant shall at all times control access to the Premises and may hire such security personnel as Tenant deems necessary or desirable, provided any such staff or personnel employed by or on behalf of Tenant shall work in harmony with other elements of labor being employed at the Building and will not involve any employment or use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services at the Building. Tenant shall have the right, without Landlord’s consent, to install, operate, maintain, repair and replace any automated and/or non-automated security or access systems in, on or about the Premises, including, but not limited to, electronic security devices, auxiliary emergency electric power supplies, cameras and closed circuit television and viewing equipment, door monitors, and motion detectors. Tenant shall have the right to utilize Building core shafts, columns and other appropriate spaces for the installation and maintenance of such security systems and the cables, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with Landlord’s or any Other Tenant’s use or occupancy of any Building. Subject to Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, Tenant’s security and access systems shall, to the extent possible, tie into the Building security and access systems provided, however, that it shall be deemed reasonable for Landlord to withhold its consent to the extent the same adversely affects the Base Building Structure or the Building Systems, or exterior aesthetics. Any security system installed or any security guards hired by Tenant will be for the sole benefit of Tenant and its employees, customers and other invitees, and Landlord will have no right to rely on any such security systems or guards. All security systems installed by Tenant shall be Tenant’s Property, and Tenant shall have the right, but not the obligation, to remove all or any portion of Tenant’s security systems (excluding portals and security gates) upon the expiration or earlier termination, this Lease, provided that Tenant shall repair any damage to the Premises and/or Building caused by such removal.
Appears in 2 contracts
Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Tenant’s Rights. Subject to the terms and conditions of this Article 31, and at no additional cost or expense to Tenant, Tenant and/or Tenant’s telecommunications provider shall at all times control be permitted reasonable access to the Premises Building’s riser system or alternative space in the Building (which alternative space shall be reasonably acceptable to Tenant and its telecommunications provider) for the installation of telecommunications cabling and other equipment, and, in order to install, maintain, operate and remove telecommunications cabling or other equipment to the Premises. Landlord advises Tenant that Time Warner and/or Comcast have installed telecommunications service to the Building terminating in the Building’s MPOE room. Landlord shall allow access to the Building (including the Building’s riser system and MPOE room) to all other telecommunications reputable carriers requested by Tenant and reasonably acceptable to Landlord for the installation of telecommunications service, at no additional cost to Tenant. Tenant may hire such security personnel as install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the “Lines”) at the Building in or serving the Premises, provided: (a) Tenant deems necessary or desirableshall obtain Landlord’s prior written consent not to be unreasonably withheld, provided and use an experienced and qualified contractor reasonably approved in writing by Landlord, and comply with all of the other provisions of Article 10, (b) any such staff installation, maintenance, replacement, removal or personnel employed use shall comply with all Applicable Laws and good work practices, and shall not interfere with the use of any then existing Lines at the Building, (c) a pro rata number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the University Component, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises installed by or on behalf of tenant, (f) in the case of the installation of new Lines, Tenant, at the time of installation, shall label such Lines, on each floor through which they pass, with an identification system reasonably approved by Landlord, (g) Tenant’s rights shall be subject to the rights of any regulated telephone company, and (h) Tenant shall work pay all costs in harmony with other elements of labor being employed at the Building and will not involve any employment or use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services at the Buildingconnection therewith. Tenant shall have the right, without Landlord’s consent, to install, operate, maintain, repair and replace any automated and/or non-automated security or access systems in, on or about the Premises, including, but not limited to, electronic security devices, auxiliary emergency electric power supplies, cameras and closed circuit television and viewing equipment, door monitors, and motion detectors. Tenant shall have Landlord reserves the right to utilize Building core shaftsrequire that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, columns and other appropriate spaces for the installation and maintenance of such security systems and the cables, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with Landlord’s or which are at any Other Tenant’s use or occupancy time in violation of any Building. Subject to Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, Tenant’s security and access systems shall, to the extent possible, tie into the Building security and access systems provided, however, that it shall be deemed reasonable for Landlord to withhold its consent to the extent the same adversely affects the Base Building Structure or the Building Systems, or exterior aesthetics. Any security system installed or any security guards hired by Tenant will be for the sole benefit of Tenant and its employees, customers and other invitees, and Landlord will have no right to rely on any such security systems or guards. All security systems installed by Tenant shall be Tenant’s Property, and Tenant shall have the right, but not the obligation, to remove all or any portion of Tenant’s security systems Applicable Laws within ten (excluding portals and security gates10) upon the expiration or earlier termination, this Lease, provided that Tenant shall repair any damage to the Premises and/or Building caused by such removalbusiness days after notice.
Appears in 1 contract
Samples: Lease Agreement (Eventbrite, Inc.)
Tenant’s Rights. In the event that Tenant reasonably determines that any Hazardous Materials are present on the Premises (other than any Hazardous Materials that may have been introduced upon the Premises by Tenant, its Representatives or Visitors and other than any Hazardous Materials that are allowed by MPCA to remain in the soil and groundwater of the Premises pursuant to the RAPs and the Declaration, including any such allowable Hazardous Materials which have been exacerbated by the actions of Tenant, its Representative or Visitors and vapors other than those contemplated in the RAPs that entered the Premises subsequent to Landlord’s completion of the actions required by the RAPs) and represent a material danger to persons or property on the Premises, Tenant shall notify Landlord of the same, and Landlord shall immediately take such steps as are required by MPCA with respect to such Hazardous Materials. If Landlord fails to do so within one hundred twenty (120) days after receipt of written notice from Tenant, Tenant, at all times control access to the Premises and may hire such security personnel as Tenant deems necessary or desirableits sole option, provided any such staff or personnel employed by or on behalf of Tenant shall work in harmony with other elements of labor being employed at the Building and will not involve any employment or use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services at the Building. Tenant shall have the rightright to elect either of the following remedies by written notice to Landlord: (i) Tenant may take over such steps required by MPCA of Landlord, without Landlord’s consent, to install, operate, maintain, repair and replace any automated and/or non-automated security or access systems in, on or about the Premises, including, but not limited to, electronic security devices, auxiliary emergency electric power supplies, cameras and closed circuit television and viewing equipment, door monitors, and motion detectors. in which case Tenant shall have the right to utilize Building core shaftsrecover from Landlord the reasonable costs incurred by Tenant to perform such steps required by MPCA, columns and other appropriate spaces for together with interest thereon at the installation and maintenance of such security systems and the cablesInterest Rate, conduits and other elements associated therewithor (ii) Tenant may terminate this Lease, provided such installations do not unreasonably interfere with Landlord’s or any Other Tenant’s use or occupancy of any Building. Subject to Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, Tenant’s security and access systems shall, to the extent possible, tie into the Building security and access systems provided, however, that it shall to be deemed reasonable for effective, Tenant’s written notice to Landlord stating Tenant’s election either of said remedies in subparagraph (i) or (ii) above must be delivered to withhold its consent Landlord prior to Landlord’s completion of the MPCA required work. Notwithstanding the foregoing provisions to the extent contrary, Tenant shall not have the same adversely affects option to terminate this Lease unless the Base Building Structure MPCA (or, if the MPCA fails to provide a timely response to inquiry of Landlord or Tenant, an environmental consultant reasonably acceptable to both Landlord or Tenant) shall determine that occupancy of the Building SystemsPremises creates material risk of illness or injury from such Hazardous Materials. Notwithstanding the foregoing provisions to the contrary, or exterior aesthetics. Any security system installed or any security guards hired provided that Landlord promptly commences and diligently proceeds with the steps required by Tenant will MPCA, Landlord shall have such additional time as may be for reasonably necessary to complete such steps so long as in the sole benefit reasonable judgment of Tenant and its employees, customers and other invitees, and the occupants of the Premises are reasonably able to continue to occupy the Premises without material risk of illness or injury from such Hazardous Materials. Landlord will have no right shall use reasonable efforts to rely on minimize any such security systems or guards. All security systems installed by Tenant shall be interference with Tenant’s Property, business caused by Landlord’s entry into the Premises. The obligations of Landlord and Tenant under subsections (e) and (f), respectively, shall have the right, but not the obligation, to remove all or any portion of Tenant’s security systems (excluding portals and security gates) upon survive the expiration or earlier termination, termination of this Lease, provided that Tenant shall repair any damage to the Premises and/or Building caused by such removal.
Appears in 1 contract
Tenant’s Rights. Tenant shall may from time to time during the Lease Term, at all times control access its expense, make such alterations, additions, installations, substitutions, improvements and decorations (hereinafter collectively referred to as "Alterations") in and to the Premises and may hire such security personnel as Tenant deems may consider necessary or desirable, provided any such staff or personnel employed by or on behalf desirable for the conduct of Tenant shall work its business in harmony with other elements of labor being employed at the Building and will not involve any employment or use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services at the Building. Tenant shall have the right, without Landlord’s consent, to install, operate, maintain, repair and replace any automated and/or non-automated security or access systems in, on or about the Premises, subject to the following conditions:
(a) the outside appearance of the Building or any of its parts shall not be affected;
(b) the structure, usefulness or rentability of the Building or any of its parts shall not be materially and adversely affected;
(c) no part of the Building outside of the Premises shall be physically affected, except as otherwise expressly permitted by this Lease (such as, for example, the rights of Tenant under Article 25 to install Communications Equipment, Article 27 to install emergency generators, or Section 20.24 to install signs on the inside or outside of the Building);
(d) no other tenant or occupant of the Office Space in the Building, and no common area or facility of the Building, and no Building system or equipment, shall be materially and adversely affected;
(e) in performing the work involved in such Alterations, Tenant shall perform, observe and comply with all of the conditions and covenants set forth in the following provisions of this Article;
(f) the sprinkler system or any other life safety system will not be materially adversely affected or interrupted; and
(g) before proceeding with any Alterations (except for Decorative Alterations as described in subsection (g) below), Tenant shall submit to Landlord for its approval (which shall not be unreasonably withheld or delayed) plans and specifications for the work to be performed, and Landlord shall respond to Tenant either approving or disapproving such plans and specifications (and if disapproving, specifying the reasons for such disapproval) within ten (10) days after receipt of the plans and specifications from Tenant. If Landlord does not respond to Tenant within such ten (10) day period, then Landlord shall be deemed to have approved the proposed plans and specifications. Landlord may as a condition of its consent require Tenant (i) to perform all such work at such times and in such manner as to create the least practicable interference with the use of the Building by the other tenants and occupants thereof, including, but without limitation, on an "overtime" basis, (ii) to make reasonable revisions in and to its plans and specifications, or (iii) to agree that any portion of such Alterations connected to or involving any portion of the HVAC, plumbing, electrical or other systems of the Building be performed by a contractor selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned. In addition, at the time of Landlord's approval of such plans, Landlord may specify any of such Alterations shown on such plans of an unusual nature (collectively, "Non-Standard Alterations") which Landlord determines in its reasonable discretion might adversely impact the leasing or marketability of the Building, such as, but not limited to, electronic security devicesinternal stairways, auxiliary emergency electric power suppliespantries, cameras and closed circuit television and viewing equipmentnon-building standard lavatories or showers, door monitorsvaults, special flooring for computer areas, floor or slab cuts and/or new flooring installed over any existing floor cuts or over any lobby area or atrium, and motion detectorsthe like. Tenant shall have At the right to utilize Building core shafts, columns and other appropriate spaces for the installation and maintenance time of Landlord's approval of such security systems plans, Landlord may specify which (or all) of the Non-Standard Alterations Landlord shall require Tenant to remove and to restore the cablesaffected portion of the Premises at the expiration of this Lease. If Landlord does not require Tenant to remove any such Non-Standard Alterations, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with Landlord’s or any Other Tenant’s use or occupancy of any Building. Subject to Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, Tenant’s security and access systems shall, to the extent possible, tie into the Building security and access systems provided, however, that it shall be deemed reasonable for Landlord to withhold its consent to the extent then the same adversely affects shall remain after the Base Building Structure expiration or the Building Systems, or exterior aesthetics. Any security system installed or any security guards hired by Tenant will be for the sole benefit other termination of Tenant and its employees, customers and other invitees, and Landlord will have no right to rely on any such security systems or guards. All security systems installed by Tenant shall be Tenant’s Propertythis Lease, and Tenant shall have the right, but not the obligation, be permitted to remove all or the same. If this Lease terminates other than at the Expiration Date, Tenant shall remove any such Non-Standard Alterations which Landlord had specified were required to be removed at the time of its approval of the work, and to restore the affected portion of the Premises, within thirty (30) days after the termination of this Lease. Landlord's review and approval of Tenant’s security systems (excluding portals 's plans and security gates) upon specifications and consent to the expiration or earlier terminationperformance of the work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable law and insurance requirements, nor shall it be deemed a waiver by Landlord of compliance by Tenant with any provisions of this Lease, provided that nor shall it impose upon Landlord any liability or obligation with respect to such work or the performance thereof. Landlord's approval of any Tenant's Work or Alterations shall signify Landlord's consent to the Tenant's Work or Alterations shown thereon only, and shall not result in any responsibility of Landlord concerning compliance of the Tenant's Work or Alterations with laws, regulations, or codes, or the coordination of any aspect of the Tenant's Work or Alterations with other aspects of the Tenant's Work or Alterations, or with any component or system of the Building, or the feasibility of constructing the Tenant's Work or Alterations without damage or harm to the Building, all of which shall be the sole responsibility of Tenant.
(h) No prior approval of Landlord shall be required with respect to any purely decorative (such as carpeting and painting) Alterations (other than the initial Tenant's Work) with an aggregate project cost of less than Two Hundred Fifty Thousand ($250,000) Dollars ("Decorative Alterations"), which do not affect the Building's electrical service or floor service size, which do not affect the mechanical, fire, life safety or other structural or mechanical components of the Building, and which cannot be seen from the outside of the Building. Tenant shall repair give Landlord thirty (30) days prior written notice of Tenant's intention to perform such Alterations, shall comply with the other provisions of this Lease with respect to such Decorative Alterations, and shall provide Landlord with as-built plans of any damage changes to the Premises and/or Building caused by resulting from such removalDecorative Alterations.
Appears in 1 contract
Samples: Lease Agreement (Etre Reit, LLC)
Tenant’s Rights. (a) Notwithstanding anything contained in this lease to the contrary, Tenant shall at all times control access have no rights with respect to any (i) offset resulting from Landlord's defaults or breaches (herein "defaults"), (ii) damage claims resulting from landlord's defaults (except with respect to Paragraph 47), or (iii) exercise of any self-help remedies (except in the Premises case of an emergency); unless and may hire such security personnel as Tenant deems necessary or desirable, provided any such staff or personnel employed by or on behalf of until Tenant shall work have given Landlord and Ground Lessor notice of Landlord's default and Landlord shall have failed to commence curing said default within sixty (60) days from the date of Tenant's notice and/or to have diligently prosecuted said cure until its completion. If Landlord shall not have commenced said cure as aforesaid and shall not have been diligent in harmony with other elements of labor being employed its prosecution, then, at the Building and will not involve any employment or use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services at the Building. time thereafter, Tenant shall have the rightfollowing rights; (i) to cure said default and in connection therewith be immediately reimbursed by Landlord for its costs and expenses in so curing said default together with interest at the Lease Interest Rate and/or (ii) to exercise any and all of its legal or equitable remedies, without provided, however, Tenant may not offset Rental or terminate this lease or make a claim for Tenant's actual constructive eviction, except as provided in subparagraphs 51(b) and (c) below.
(b) Additionally, if Tenant shall have expended any sums in excess of Fifty Thousand and 00/100 ($50,000.00) Dollars in curing the Landlord’s consent's defaults and the Landlord shall not have reimbursed Tenant within five (5) business days of Tenant's demand therefor, Tenant shall have the further right to installnotify both the Landlord and Ground Lessor that thirty (30) days after the date of said notice Tenant intends to deduct from the next current Rental payment or payments due, operatethe sum of said expenditure, maintaintogether with interest at the Lease Interest Rate, repair until said total sum has been recovered by way of a rent credit. Ground Lessor will be required and replace any automated and/or nonagrees to pay to Landlord all such sums deducted from the rental obligation to the Landlord if and when the same shall become due under this lease. Ground Lessor may notify the Tenant within fifteen (15) days of the effective date of Tenant's notice that Ground Lessor, in its sole discretion, does not intend to pay said deducted sum to the Landlord as and when due, in which event Tenant will continue to pay the full rental payment due Landlord under the lease on a timely basis but shall have all legal remedies available to Tenant against Landlord pursuant to this lease.
(c) Should Tenant not have exercised the self-automated security or access systems in, on or about the Premises, including, but not limited to, electronic security devices, auxiliary emergency electric power supplies, cameras and closed circuit television and viewing equipment, door monitorshelp remedies provided for above, and motion detectors. Tenant should Landlord not have commenced the cure and have been diligent in completing said cure, or should Landlord not have under any circumstances (without regard to delays caused by Completion Force Majeure or Unavoidable Delay as in Paragraph 28 defined) completed said cure within twelve (12) months from the date of Tenant's notice, Tenant, in addition to all of its rights contained herein, shall have the right to utilize Building core shafts, columns and other appropriate spaces for the installation and maintenance of such security systems and the cables, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with Landlord’s or cancel this lease at any Other Tenant’s use or occupancy of any Building. Subject time prior to Landlord’s 's completing said cure, by a cancellation notice given at any time prior written consentthereto, which cancellation notice shall fix the date upon which Tenant shall vacate the Premises pursuant to said cancellation, and may also at anytime thereafter make claim against Landlord for Tenant's damages as a result thereof. The cure by Landlord subsequent to the date of Tenant's cancellation notice shall not reinstate this lease unless Tenant shall so elect by notice in writing to Landlord. Any notice referred to in this Paragraph 51 to be unreasonably withheldgiven to Landlord prior to Tenant having a right to offset Rental, conditioned terminate this lease or delayedto seek damages, Tenant’s security shall set forth, in reasonable detail, the nature, scope and access systems shallextent of the applicable breach, to the extent possible, tie into the Building security and access systems provided, however, that it shall be deemed reasonable for Landlord to withhold its consent to the extent the same adversely affects the Base Building Structure or the Building Systemsoccurrence, or exterior aesthetics. Any security system installed action or any security guards hired by Tenant will be for the sole benefit of Tenant and its employees, customers and other invitees, and Landlord will have no right to rely on any such security systems or guards. All security systems installed by Tenant shall be Tenant’s Property, and Tenant shall have the right, but not the obligation, to remove all or any portion of Tenant’s security systems (excluding portals and security gates) upon the expiration or earlier termination, this Lease, provided that Tenant shall repair any damage to the Premises and/or Building caused by such removalinaction giving rise thereto.
Appears in 1 contract
Samples: Lease Agreement (Di Giorgio Corp)
Tenant’s Rights. Tenant shall may from time to time during the Lease Term, at all times control access its expense, make such alterations, additions, installations, substitutions, improvements and decorations (collectively, with Tenant’s Work, referred to as “Alterations”) in and to the Premises and may hire such security personnel as Tenant deems may consider necessary or desirable, provided any such staff or personnel employed by or on behalf desirable for the conduct of Tenant shall work its business in harmony with other elements of labor being employed at the Building and will not involve any employment or use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services at the Building. Tenant shall have the right, without Landlord’s consent, to install, operate, maintain, repair and replace any automated and/or non-automated security or access systems in, on or about the Premises, includingsubject to the following conditions:
(a) the outside appearance or the strength of the Building or any of its structural parts shall not be affected;
(b) no part of the Building outside of the Premises shall be physically affected (provided that the foregoing shall not prevent Tenant from making connections to or involving the HVAC, but not limited toplumbing, electronic security deviceselectrical, auxiliary emergency electric power supplieslife safety, cameras proprietary of other systems or common facilities of the Building performed subject to and closed circuit television and viewing equipment, door monitorsin accordance herewith);
(c) no other tenant or occupant of the Building, and motion detectorsno common area of the Building or the Unit, shall be adversely affected, other than to a de minimis extent;
(d) the proper and economical functioning of the Building systems or facilities of the Unit or the Building or any portion thereof shall not be affected (provided that the foregoing shall not prevent Tenant from making connections to or involving the HVAC, plumbing, electrical, life safety, proprietary of other systems or common facilities of the Building performed subject to and in accordance herewith);
(e) before proceeding with any Alterations, Tenant shall obtain Landlord’s written consent (which consent shall not be unreasonably withheld provided the conditions of this Article 8 are satisfied) and submit to Landlord for approval plans and specifications for the work to be performed. Within fifteen (15) days after its receipt of a submission of plans and specifications, Landlord shall either consent thereto or specify any objections thereto. If Landlord does not respond to Tenant’s request for approval within such fifteen (15) day period, then Tenant shall have the right to utilize Building core shafts, columns and other appropriate spaces for the installation and maintenance of give Landlord a second notice requesting such security systems and the cables, conduits and other elements associated therewithapproval and, provided such installations do not unreasonably interfere with second request for approval shall prominently specify that Landlord’s failure to approve or disapprove the same within seven (7) Operating Days after Landlord’s receipt thereof constitutes an approval thereof, then in the event Landlord fails to approve or disapprove such plans and specifications within such seven (7) Operating Day period, Landlord shall be deemed to have approved the same. Notwithstanding the foregoing, Tenant shall have no obligation to obtain Landlord’s consent or approval in connection with decorative work, technology work (i.e., voice and/or data cabling, equipment installations and upgrades), or other Alterations, the cost of which, as reasonably estimated by Tenant, will not exceed $250,000.00, either individually or in the aggregate with other Alterations performed within the twelve (12) month period immediately preceding, provided that (i) Tenant gives Landlord at least ten (10) days’ prior notice describing such Alterations in reasonable detail (including Tenant’s reasonably detailed estimate of the cost thereof and setting forth the name(s) and address(es) of the contractor(s) whom Tenant desires to perform such Alterations), (ii) a building, alteration or other governmental permit is not required or otherwise filed in connection therewith and (iii) the Building systems or facilities of the Unit or the Building or any Other portion thereof shall not be affected (provided that the foregoing shall not prevent Tenant from making connections to or involving the HVAC, plumbing, electrical, life safety, proprietary of other systems or common facilities of the Building performed subject to and in accordance herewith). Landlord may as a condition of its consent require Tenant (A) to perform all such work at such times and in such manner as to create the least practicable interference with the use of the Building by the other tenants and occupants thereof, including, but without limitation, on an “overtime” basis, or (B) to make revisions in and to its plans and specifications.
(f) [intentionally deleted]; and
(g) in performing the work involved in such Alterations, Tenant shall perform, observe and comply with all of the conditions and covenants set forth in the provisions of this Article. Landlord’s review and approval of Tenant’s plans and specifications and consent to the performance of the work described therein shall not be deemed an agreement by Landlord or the Board that such plans, specifications and work conform with applicable law and insurance requirements, nor shall it be deemed a waiver by Landlord of compliance by Tenant with any provisions of this Lease, nor shall it impose upon Landlord or the Board any liability or obligation with respect to such work or the performance thereof Landlord shall cooperate with Tenant to afford Tenant reasonable access to the floor of the Building below the Premises as necessary (including penetration of the slab) in order to perform Tenant’s Work or other Alterations, provided that such work shall in no event decrease the height of the hung ceiling of such other floor or necessitate the relocation of wiring or equipment located within the ceiling, and subject in any event to the rights of other tenants and the other provisions of this Section 8.1, including, without limitation, the requirement that Tenant perform all such work at such times and in such manner as to create the least practicable interference with the use or occupancy of any Buildingthe Building by the other tenants and occupants thereof, including, but without limitation, on an “overtime” basis. Subject to Landlord’s prior written consentthe provisions of this Article 8, which Landlord shall not be unreasonably withheld, conditioned withhold or delayed, Tenant’s security and access systems shall, to the extent possible, tie into the Building security and access systems provided, however, that it shall be deemed reasonable for Landlord to withhold delay its consent to the extent the same adversely affects the Base Building Structure or the Building Systems, or exterior aesthetics. Any installation by Tenant of (i) a security system installed or any security guards hired by Tenant will be for the sole benefit Premises and (ii) an internal staircase connecting the thirty-second (32nd) floor of Tenant the Premises to the 31st Floor Premises (it being agreed that such internal staircase and its employees, customers and other invitees, and Landlord will have no right to rely on any such security systems or guards. All security systems installed by Tenant the slab cuts relating thereto shall be Tenant’s Property, and Tenant shall have the right, but not the obligation, deemed to remove all or any portion of Tenant’s security systems (excluding portals and security gates) upon the expiration or earlier termination, this Lease, provided that Tenant shall repair any damage to the Premises and/or Building caused by such removalbe Specialty Alterations).
Appears in 1 contract
Samples: Office Lease (Epoch Holding Corp)
Tenant’s Rights. In its performance of the Tenant shall at all times control access to the Premises and may hire such security personnel as Tenant deems necessary or desirableWork, provided any such staff or personnel employed by or on behalf of Tenant shall work in harmony with other elements of labor being employed at the Building and will not involve any employment or use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services at the Building. Tenant shall have the right, without Landlord’s consent, to install, operate, maintain, repair and replace any automated and/or non-automated security or access systems in, on or about the Premises, including, but not limited to, electronic security devices, auxiliary emergency electric power supplies, cameras and closed circuit television and viewing equipment, door monitors, and motion detectors. Tenant shall have the right to take such actions and utilize Building core shaftssuch facilities as are customarily and reasonably taken and utilized in the construction of comparable space, columns subject to such customary and other appropriate spaces for reasonable restrictions as Landlord may adopt in the installation and maintenance prudent management of such security systems and the cables, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with Landlord’s or any Other Tenant’s use or occupancy of any BuildingBuildings. Subject to Landlord’s prior written consent, which Tenant shall not be unreasonably withheldcharged for the use of utilities, conditioned elevators, loading docks, and similar Building facilities in the construction of the Tenant Work. No fees of any manner shall be charged by Landlord for its review of plans and drawings or delayedany supervision or inspection of the Tenant Work. Landlord shall cause any of its contractors working in the Buildings to work in harmony with Tenant and the General Contractor, Tenant’s security and access systems shall, Landlord shall not knowingly permit any other contractors to interfere with the performance of the Tenant Work. EXHIBIT "C-1" INSURANCE ADDENDUM This Insurance Addendum is a part of the Agreement between Owner and Contractor dated ____ July 1992. Notwithstanding anything to the extent possiblecontrary in the Agreement to which this Addendum is attached, tie into or in any other agreement between Contractor, Owner and/or Architect, Landlord or their respective subcontractors, agents, employees or representatives, the Building security parties hereto agree as follows: All general liability and access systems providedumbrella liability insurance coverage required herein or in any other agreement between the parties shall be written on an "Occurrence Basis". Contractor shall at all times during the period in which this Contract is in force, howeverprovide, maintain and require all subcontractors to provide and maintain the following types of insurance protecting the interest of Landlord and Owner and Contractor with limits not less than those as set forth below: WORKER'S COMPENSATION INSURANCE (WC) to cover statutory limits of the Worker's Compensation Law of the State of Virginia, with Coverage B Employer's Liability coverage in limits not less than $500,000 COMMERCIAL GENERAL LIABILITY (GGL) insurance for hazards of (i) Premises Operations, (ii) Elevators and Escalators, (iii) Independent Contractors, (iv) Coverage for explosion, collapse, and underground (X, C, U), (v) Products and Completed Operations coverage, (vi) Contractual Liability on a "Blanket" basis designating all written and oral contracts related to the work, (vii) Personal Injury Liability for groups of offenses A, B, and C (with exclusions pertaining to liability assumed by the insured under contract, and to personal injury sustained by any person as a result of an offense directly or indirectly related to the employment of each person by the named insured deleted), and (viii) Incidental Medical Malpractice coverage. Such Commercial General Liability Insurance must be endorsed with a Broad Form Property Damage Endorsement (including Complete Operations). The Contractual Liability coverage must be endorsed so that it all exclusions relating to explosion, collapse and underground hazards are deleted. The CGL insurance shall have primary coverage limits not less than following: 66 Insurance Addendum Page 2 BODILY INJURY LIABILITY/PROPERTY DAMAGE LIABILITY - $1,000,000 each occurrence, combined single limit. PERSONAL INJURY LIABILITY - $1,000,000 each person; AUTOMOBILE LIABILITY INSURANCE (Auto) covering all owned, leased, non-owned and hired automobiles used in connection with the Work with coverage limits not less than the following: BODILY INJURY LIABILITY/PROPERTY DAMAGE LIABILITY - $1,000,000 each person and each occurrence, combined single limit. COMPREHENSIVE CATASTROPHE LIABILITY INSURANCE (Umbrella) indemnifying for ultimate net loss sustained by reason of any liability whether imposed by law, assumed under contract, or otherwise incurred arising out of: BODILY INJURY, including personal injury, because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons. PROPERTY DAMAGE, for losses due to damages to or destruction of tangible property, including loss of use of such property resulting therefrom. The Umbrella insurance shall set forth coverage limits with respect to each occurrence, except for the products hazard coverage which shall contain aggregate limits for each annual period. With regard to Contractor, the Umbrella insurance shall have coverage limits not less than FIVE MILLION DOLLARS AND 00/100 ($5,000,000) for each occurrence and in the aggregate as applicable in excess of the amount set forth in subparagraphs (WC), (CGL) & (AUTO) above. For each subcontractor employed in conjunction with the Work, the Umbrella insurance shall have coverage limits not less than TWO MILLION DOLLARS AND 00/100 ($2,000,000) for each occurrence and in the aggregate as applicable in excess of the amount set forth in subparagraphs (WC), (CGL) & (AUTO) above. In the event that Contractor or any subcontractors have or obtain insurance coverage in amounts in excess of those listed above, such additional insurance coverage shall also insure to the benefit of the Landlord and Owner. Contractor shall be liable to Landlord and Owner for the actions of Contractor, its subcontractors and their respective agents, servants and employees for any losses suffered by Landlord and Owner which would otherwise have been covered by any insurance required hereunder in the event Contractor fails to obtain any such addendum. (Any subcontractor working directly for Owner shall be deemed reasonable a General Contractor for Landlord to withhold its consent to the extent the same adversely affects the Base Building Structure or the Building Systems, or exterior aesthetics. Any security system installed or any security guards hired by Tenant will be for the sole benefit purposes of Tenant this addendum and its employees, customers and other invitees, and Landlord will have no right to rely on any such security systems or guards. All security systems installed by Tenant shall be Tenant’s Property, and Tenant shall have the right, but not the obligation, to remove comply with all or any portion obligations herein required of Tenant’s security systems (excluding portals and security gates) upon the expiration or earlier termination, this Lease, provided that Tenant shall repair any damage to the Premises and/or Building caused by such removalContractor).
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Tenant’s Rights. Tenant shall may from time to time during the Lease Term, at all times control access its expense, make such alterations, additions, installations, substitutions, improvements and decorations (hereinafter collectively referred to as “Alterations”) in and to the Premises and may hire such security personnel as Tenant deems may consider necessary or desirable, provided any such staff or personnel employed by or on behalf desirable for the conduct of Tenant shall work its business in harmony with other elements of labor being employed at the Building and will not involve any employment or use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services at the Building. Tenant shall have the right, without Landlord’s consent, to install, operate, maintain, repair and replace any automated and/or non-automated security or access systems in, on or about the Premises, subject to the following conditions:
(a) the outside appearance of the Building or any of its parts shall not be affected;
(b) the structure, usefulness or rentability of the Building or any of its parts shall not be materially and adversely affected;
(c) no part of the Building outside of the Premises shall be physically affected, except as otherwise expressly permitted by this Lease (such as, for example, the rights of Tenant under Article 25 to install Communications Equipment, Article 27 to install emergency generators, or Section 20.24 to install signs on the inside or outside of the Building);
(d) no other tenant or occupant of the Office Space in the Building, and no common area or facility of the Building, and no Building system or equipment, shall be materially and adversely affected;
(e) in performing the work involved in such Alterations, Tenant shall perform, observe and comply with all of the conditions and covenants set forth in the following provisions of this Article;
(f) the sprinkler system or any other life safety system will not be materially adversely affected or interrupted; and
(g) before proceeding with any Alterations (except for Decorative Alterations as described in subsection (g) below), Tenant shall submit to Landlord for its approval (which shall not be unreasonably withheld or delayed) plans and specifications for the work to be performed, and Landlord shall respond to Tenant either approving or disapproving such plans and specifications (and if disapproving, specifying the reasons for such disapproval) within ten (10) days after receipt of the plans and specifications from Tenant. If Landlord does not respond to Tenant within such ten (10) day period, then Landlord shall be deemed to have approved the proposed plans and specifications. Landlord may as a condition of its consent require Tenant (i) to perform all such work at such times and in such manner as to create the least practicable interference with the use of the Building by the other tenants and occupants thereof, including, but without limitation, on an “overtime” basis, (ii) to make reasonable revisions in and to its plans and specifications, or (iii) to agree that any portion of such Alterations connected to or involving any portion of the HVAC, plumbing, electrical or other systems of the Building be performed by a contractor selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned. In addition, at the time of Landlord’s approval of such plans, Landlord may specify any of such Alterations shown on such plans of an unusual nature (collectively, “Non-Standard Alterations”) which Landlord determines in its reasonable discretion might adversely impact the leasing or marketability of the Building, such as, but not limited to, electronic security devicesinternal stairways, auxiliary emergency electric power suppliespantries, cameras and closed circuit television and viewing equipmentnon-building standard lavatories or showers, door monitorsvaults, special flooring for computer areas, floor or slab cuts and/or new flooring installed over any existing floor cuts or over any lobby area or atrium, and motion detectorsthe like. Tenant shall have At the right to utilize Building core shafts, columns and other appropriate spaces for the installation and maintenance time of Landlord’s approval of such security systems plans, Landlord may specify which (or all) of the Non-Standard Alterations Landlord shall require Tenant to remove and to restore the cablesaffected portion of the Premises at the expiration of this Lease. If Landlord does not require Tenant to remove any such Non-Standard Alterations, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with Landlord’s or any Other Tenant’s use or occupancy of any Building. Subject to Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, Tenant’s security and access systems shall, to the extent possible, tie into the Building security and access systems provided, however, that it shall be deemed reasonable for Landlord to withhold its consent to the extent then the same adversely affects shall remain after the Base Building Structure expiration or the Building Systems, or exterior aesthetics. Any security system installed or any security guards hired by Tenant will be for the sole benefit other termination of Tenant and its employees, customers and other invitees, and Landlord will have no right to rely on any such security systems or guards. All security systems installed by Tenant shall be Tenant’s Propertythis Lease, and Tenant shall have the right, but not the obligation, be permitted to remove all or the same. If this Lease terminates other than at the Expiration Date, Tenant shall remove any such Non-Standard Alterations which Landlord had specified were required to be removed at the time of its approval of the work, and to restore the affected portion of the Premises, within thirty (30) days after the termination of this Lease. Landlord’s review and approval of Tenant’s security systems (excluding portals plans and security gates) upon specifications and consent to the expiration or earlier terminationperformance of the work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable law and insurance requirements, nor shall it be deemed a waiver by Landlord of compliance by Tenant with any provisions of this Lease, provided that nor shall it impose upon Landlord any liability or obligation with respect to such work or the performance thereof. Landlord’s approval of any Tenant’s Work or Alterations shall signify Landlord’s consent to the Tenant’s Work or Alterations shown thereon only, and shall not result in any responsibility of Landlord concerning compliance of the Tenant’s Work or Alterations with laws, regulations, or codes, or the coordination of any aspect of the Tenant’s Work or Alterations with other aspects of the Tenant’s Work or Alterations, or with any component or system of the Building, or the feasibility of constructing the Tenant’s Work or Alterations without damage or harm to the Building, all of which shall be the sole responsibility of Tenant.
(h) No prior approval of Landlord shall be required with respect to any purely decorative (such as carpeting and painting) Alterations (other than the initial Tenant’s Work) with an aggregate project cost of less than Two Hundred Fifty Thousand ($250,000) Dollars (“Decorative Alterations”), which do not affect the Building’s electrical service or floor service size, which do not affect the mechanical, fire, life safety or other structural or mechanical components of the Building, and which cannot be seen from the outside of the Building. Tenant shall repair give Landlord thirty (30) days prior written notice of Tenant’s intention to perform such Alterations, shall comply with the other provisions of this Lease with respect to such Decorative Alterations, and shall provide Landlord with as-built plans of any damage changes to the Premises and/or Building caused by resulting from such removalDecorative Alterations.
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Tenant’s Rights. Subject to the terms and conditions of this Article 31, and at no additional cost or expense to Tenant, Tenant and/or Tenant’s telecommunications provider shall at all times control be permitted access to the Premises Building’s riser system or alternative space in the Building (which alternative space shall be reasonably acceptable to Tenant and its telecommunications provider) for the installation of telecommunications cabling and other equipment, and, in order to install, maintain, operate and remove telecommunications cabling or other equipment to the Premises. The parties acknowledge that AT&T has installed telecommunications service to the Building terminating in the Building’s MPOE room. Landlord shall allow access to the Building (including the Building’s riser system and MPOE room) to all other telecommunications carriers requested by Tenant for the installation of telecommunications service, at no additional cost to Tenant. Tenant may hire such security personnel as Tenant deems necessary install, maintain, replace, remove or desirableuse any communications or computer wires, provided any such staff or personnel employed by or on behalf of Tenant shall work in harmony with other elements of labor being employed cables and related devices (collectively the “Lines”) at the Building in or serving the Premises, provided: (a) Tenant shall deliver prior written notice to Landlord, and will comply with all of the other provisions of Article 10, (b) any such installation, maintenance, replacement, removal or use shall be coordinated with any riser management company designated by Landlord and shall comply with all Applicable Laws and good work practices, and shall not involve any employment or interfere with the use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services then-existing Lines at the Building. , (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord’s reasonable discretion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) Tenant’s rights shall be subject to the rights of any regulated telephone company, and (f) Tenant shall have the right, without Landlord’s consent, to install, operate, maintain, repair and replace any automated and/or non-automated security or access systems in, on or about the Premises, including, but not limited to, electronic security devices, auxiliary emergency electric power supplies, cameras and closed circuit television and viewing equipment, door monitors, and motion detectorspay all costs in connection therewith. Tenant shall have Landlord reserves the right to utilize Building core shaftsrequire that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, columns and other appropriate spaces for the installation and maintenance of such security systems and the cables, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with Landlord’s or which are at any Other Tenant’s use or occupancy time in violation of any Building. Subject to Landlord’s prior written consentApplicable Laws, which shall not be unreasonably withheld, conditioned or delayed, Tenant’s security and access systems shall, to the extent possible, tie into the Building security and access systems provided, however, that it shall be deemed reasonable for Landlord to withhold its consent to the extent the same adversely affects the Base Building Structure or the Building Systems, or exterior aesthetics. Any security system installed or any security guards hired by Tenant will be for the sole benefit of Tenant and its employees, customers and other invitees, and Landlord will have no right to rely on any such security systems or guards. All security systems installed by Tenant shall be Tenant’s Property, and Tenant shall have the right, but not the obligation, to remove all or any portion of Tenant’s security systems within thirty (excluding portals and security gates30) upon the expiration or earlier termination, this Lease, provided that Tenant shall repair any damage to the Premises and/or Building caused by such removaldays after notice.
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Samples: Office Lease (Zynga Inc)
Tenant’s Rights. In the event that Tenant reasonably determines that any Hazardous Materials are present on the Premises (other than any Hazardous Materials that may have been introduced upon the Premises by Tenant, its Representatives or Visitors and other than any Hazardous Materials that are allowed by MPCA to remain in the soil and groundwater of the Premises pursuant to the RAPs and the Declaration, including any such allowable Hazardous Materials which have been exacerbated by the actions of Tenant, its Representative or Visitors and vapors other than those contemplated in the RAPs that entered the Premises subsequent to Landlord's completion of the actions required by the RAPs) and represent a material danger to persons or property on the Premises, Tenant shall notify Landlord of the same, and Landlord shall immediately take such steps as are required by MPCA with respect to such Hazardous Materials. If Landlord fails to do so within one hundred twenty (120) days after receipt of written notice from Tenant, Tenant, at all times control access to the Premises and may hire such security personnel as Tenant deems necessary or desirableits sole option, provided any such staff or personnel employed by or on behalf of Tenant shall work in harmony with other elements of labor being employed at the Building and will not involve any employment or use of any labor or other action that might result in a labor dispute involving personnel performing work or providing services at the Building. Tenant shall have the rightright to elect either of the following remedies by written notice to Landlord: (i) Tenant may take over such steps required by MPCA of Landlord, without Landlord’s consent, to install, operate, maintain, repair and replace any automated and/or non-automated security or access systems in, on or about the Premises, including, but not limited to, electronic security devices, auxiliary emergency electric power supplies, cameras and closed circuit television and viewing equipment, door monitors, and motion detectors. in which case Tenant shall have the right to utilize Building core shaftsrecover from Landlord the reasonable costs incurred by Tenant to perform such steps required by MPCA, columns and other appropriate spaces for together with interest thereon at the installation and maintenance of such security systems and the cablesInterest Rate, conduits and other elements associated therewithor (ii) Tenant may terminate this Lease, provided such installations do not unreasonably interfere with Landlord’s or any Other Tenant’s use or occupancy of any Building. Subject to Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, Tenant’s security and access systems shall, to the extent possible, tie into the Building security and access systems provided, however, that it shall to be deemed reasonable for effective, Tenant's written notice to Landlord stating Tenant's election either of said remedies in subparagraph (i) or (ii) above must be delivered to withhold its consent Landlord prior to Landlord's completion of the MPCA required work. Notwithstanding the foregoing provisions to the extent contrary, Tenant shall not have the same adversely affects option to terminate this Lease unless the Base Building Structure MPCA (or, if the MPCA fails to provide a timely response to inquiry of Landlord or Tenant, an environmental consultant reasonably acceptable to both Landlord or Tenant) shall determine that occupancy of the Building SystemsPremises creates material risk of illness or injury from such Hazardous Materials. Notwithstanding the foregoing provisions to the contrary, or exterior aesthetics. Any security system installed or any security guards hired provided that Landlord promptly commences and diligently proceeds with the steps required by Tenant will MPCA, Landlord shall have such additional time as may be for reasonably necessary to complete such steps so long as in the sole benefit reasonable judgment of Tenant and its employees, customers and other invitees, and the occupants of the Premises are reasonably able to continue to occupy the Premises without material risk of illness or injury from such Hazardous Materials. Landlord will have no right shall use reasonable efforts to rely on minimize any such security systems or guardsinterference with Tenant's business caused by Landlord's entry into the Premises. All security systems installed by Tenant shall be Tenant’s Property, The obligations of Landlord and Tenant under subsections (e) and (f), respectively, shall have the right, but not the obligation, to remove all or any portion of Tenant’s security systems (excluding portals and security gates) upon survive the expiration or earlier termination, termination of this Lease, provided that Tenant shall repair any damage to the Premises and/or Building caused by such removal.
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