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
Sources: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)
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, but not limited to, electronic security devices, auxiliary emergency electric power supplies, cameras except as may be set forth in the Plans and closed circuit television and viewing equipment, door monitorsSpecifications;
(b) no part of the Building outside of the Premises shall be physically affected other than to a de minimis extent;
(c) no other tenant or occupant of the Building, and motion detectors. no common area of the Building, shall be affected other than to a de minimis extent;
(d) the proper and economical functioning of the Building systems or facilities of the Building or any portion thereof shall not be adversely affected;
(e) before proceeding with any Alterations, 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 obtain Landlord’s or any Other Tenant’s use or occupancy of any Building. Subject to Landlord’s prior written consent, consent (which consent shall not be unreasonably withheld, conditioned or delayed, Tenant’s security ) and access systems shall, submit to the extent possible, tie into the Building security Landlord for approval plans 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 specifications for the sole benefit work to be performed. Within ten (10) Operating Days (or five (5) Operating Days in the case of Tenant any resubmissions in response to Landlord comments) after its receipt of a submission of plans and its employeesspecifications, customers and other inviteesLandlord shall either consent thereto or specify any objections thereto. If Landlord does not respond to T▇▇▇▇▇’s request for approval within such ten (10) Operating Day period (or five (5) Operating Day period in the case of resubmissions in response to Landlord comments), 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 then Tenant shall have the rightright to give Landlord a second notice requesting such approval and, but provided such second request for approval shall prominently specify that Landlord’s failure to approve or disapprove the same within five (5) 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 five (5) 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 (A) any decorative or cosmetic work, such as paintings, carpeting or wall coverings or (B) any Alterations, provided that, with respect to this clause (B), (i) Tenant gives Landlord at least ten (10) Operating Days’ prior notice describing such Alterations in reasonable detail (including setting forth the name(s) and address(es) of the contractor(s) whom Tenant desires to perform such Alterations and providing copies of any plans and specifications for the work to be performed), (ii) a building, alteration or other governmental permit is not required or otherwise filed in connection therewith, (iii) the obligation, to remove all Building systems or facilities of the Building or any portion thereof shall not be affected and (iv) such Alterations, together with all Alterations in the prior six (6) months, do not cost, in the aggregate, in excess of Tenant’s security systems $500,000.00 (excluding portals the “Alteration Threshold”). The Alteration Threshold shall be increased on each Adjustment Date by the CPI Fraction. As used herein (i) the term “CPI Fraction” shall mean, as of each January 1st during the Lease Term (an “Adjustment Date”), a fraction (a) the numerator of which is the CPI for the CPI Month immediately preceding such Adjustment Date and security gates(b) upon the expiration or earlier termination, denominator of which is the CPI for the CPI Month immediately preceding the date of this Lease, provided that Tenant and (ii) the term “CPI Month” shall repair any damage to mean a particular calendar month for the Premises and/or Building caused by such removal.determination of the CPI Fraction;
Appears in 2 contracts
Sources: Lease Agreement (Pershing Square Holdco, L.P.), Lease Agreement (Pershing Square Holdco, L.P.)
Tenant’s Rights. Notwithstanding anything contained in this Lease to the contrary, delivery of possession of the Initial Expansion Space, Additional Expansion Space, Lower Level Premises Expansion Space and Upper Level Premises Expansion Space (collectively, the "Expansion Space") to Tenant and commencement of Tenant's leasing thereof is and shall be subject to Landlord's obtaining possession from any prior tenant or occupant of the Building who holds over in the Expansion Space beyond the applicable lease expiration date. Landlord shall deliver possession of the Expansion Space to Tenant on or prior to the commencement date set forth in subsections (A), (B), (C) and (D) above, with respect to the particular Expansion Space in question (collectively, the "Expansion Space Commencement Date"); provided, however, that if Landlord is unable to deliver any portion of the Expansion Space to Tenant on the applicable Expansion Space Commencement Date, (i) Tenant shall at all times control access not be obligated to pay any Rent with respect to such portion of the Premises Expansion Space until the date such portion of the Expansion Space is actually delivered by Landlord; (ii) the Expiration Date of this Lease shall not be affected thereby; and may hire (iii) Landlord shall pay to Tenant the amount of the holdover rent actually received by Landlord for the tenant’s holdover in the applicable Expansion Space which exceeds the actual monthly base rent and additional rent payable by the holdover tenant during the last month of the tenant’s lease term, after Landlord deducts any reasonable, out-of-pocket expenses incurred by Landlord in conjunction with 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 Premisesholdover, including, but not limited to, electronic security devicesreasonable attorneys’ fees and court costs, auxiliary emergency electric power suppliesif any. Except as otherwise expressly set forth in this Article 33 to the contrary, cameras and closed circuit television and viewing equipment, door monitors, and motion detectors. Tenant shall have accept possession of the right to utilize Building core shafts, columns Expansion Space and other appropriate spaces for commence paying Rent therefor on the installation and maintenance date of such security systems and the cables, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with delivery of possession thereof by 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 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 (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 desirabledesirable for the conduct of its business in the Premises, subject to the following conditions:
(a) the outside appearance or the strength of the Building or any of its structural parts shall not be adversely affected;
(b) no part of the Building outside of the Premises shall be physically and adversely affected;
(c) no other tenant or occupant of the Building, and no common area of the Building, 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 Building or any portion thereof shall not be adversely affected, other than to a de minimis extent;
(e) before proceeding with any Alterations, other than those that are considered Minor Alterations (as such term is defined below), Tenant shall obtain Landlord’s written consent, which consent shall not be unreasonably withheld or delayed 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 ten (10) Operating 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 consent or approval within such ten (10) Operating Day period, then Tenant shall have the right to give Landlord a second notice requesting such consent and, provided such second request for approval shall prominently specify that Landlord’s failure to approve or disapprove the same within five (5) 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 5 Operating Day period, Landlord shall be deemed to have approved the same. 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 revisions in and to its plans and specifications, and/or (iii) to agree to remove, at or prior to the Expiration Date, any item of work shown on such staff or personnel employed by or on behalf plans of an unusual nature, such as, but not limited to, internal stairways, pantries, lavatories, vaults, special flooring for computer areas and the like (“Specialty Alterations”), and to restore the affected portion of the Premises, provided that Landlord identifies such Specialty Alterations at the time of giving Landlord’s consent to such Alterations. Notwithstanding the foregoing, Tenant shall have no obligation to submit such plans and specifications or obtain Landlord’s approval in connection with Alterations that are (x) those of a decorative nature such as painting, wall coverings and floor coverings and (y) non-structural Alterations which do not affect Building systems such that the aggregate amount of the costs and expenses for such non-structural Alterations is less than $250,000 (each, a “Minor Alteration”), provided that (A) Tenant gives Landlord at least ten (10) days’ prior notice describing such work in harmony with reasonable detail, including plans and specifications, if any, which Tenant has prepared and (B) a building, alteration or other elements governmental permit is not required or otherwise filed in connection therewith. Notwithstanding clause (i) above, Tenant shall not be obligated to do such work on an “overtime” basis except to the extent such work involves core drilling, demolition, hammering or other activities which, as reasonably determined by Landlord, may adversely affect the use of labor being employed at the common areas of the Building and will not involve any employment or use the operation of any labor or other action that might the Building, result in a labor dispute involving personnel reduction of Building services required to be provided by Landlord pursuant to this Lease, require access to space in the Building occupied by other tenants, or, other than to a de minimis extent, interfere with or disturb the use and occupancy of the Building by other tenants and occupants;
(f) before proceeding with any Alterations for which consent is required by Landlord, any required consent from any Mortgagee and/or Overlandlord shall have been obtained (Landlord agreeing to use commercially reasonable efforts to obtain such consent within the same ten (10) day period that Landlord shall have to consent or submit its objections thereto provided that in no event shall Landlord be required to make any material expenditures or concessions to obtain such consent);
(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;
(1) structural reinforcement of certain portions of the floors of the Premises as may be reasonable, and Landlord shall cooperate with Tenant to afford Tenant reasonable access to such other floor(s) of the Building as necessary in order to perform such structural reinforcement, provided that such work shall in no event decrease the height of the hung ceiling of such other floor(s) or providing services at necessitate the Buildingrelocation other 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; (2) internal stairways and associated slab penetrations to connect contiguous floors of the Premises; (3) a reasonable number of additional bathrooms including showers therein provided, however, the locations of such bathrooms and showers shall be reasonably approved by Landlord; and (4) raised floor areas; provided that Tenant shall remove such Specialty Alterations upon the Expiration Date or earlier termination of the Lease Term except as set forth in the last sentence of this paragraph or unless otherwise specified in writing by Landlord. In addition, Tenant shall have the right, without Landlord’s consentat its sole cost and expense, subject to all applicable laws and governmental regulations, to install, operate, maintain, repair close off the low-rise elevator bank servicing the Premises and replace any automated and/or non-automated security or access systems in, on or about utilize such elevator lobby space as part of the Premises, including, but not limited to, electronic security devices, auxiliary emergency electric power supplies, cameras . If Tenant elects to close off such low-rise elevator bank and closed circuit television and viewing equipment, door monitors, and motion detectors. Tenant shall have thereafter elects to lease any of the right to utilize Offered Space on the eighteenth (18th) floor of the Building core shafts, columns and other appropriate spaces for or 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 delayed18th Floor Expansion Space, Tenant’s security , at its sole cost and access systems shallexpense, 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 subject to all applicable laws and governmental regulations, re-open such elevator bank cause the obligationlow-rise elevators to service the Premises. Notwithstanding anything herein to the contrary, to remove all or any portion of Tenant’s security systems (excluding portals and security gates) upon the expiration or earlier terminationtermination of this Lease Tenant shall not be required to remove or restore a reasonable number of standard office pantries, one internal stairway per floor, supplemental HVAC units approved by Landlord under this Lease, provided that any equipment and installation used to bring additional power to which Tenant shall repair any damage is entitled under this Lease to the Premises and/or Building caused Premises. 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 that such removalplans, 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 any liability or obligation with respect to such work or the performance thereof.
Appears in 1 contract
Sources: Lease Agreement (Cowen Group, Inc.)
Tenant’s Rights. If (i) the Damage Notice reflects that a Material Casualty Event has occurred and states that, in the professional opinion of such third party engineer or architect, such Material Casualty Event will take longer than three hundred sixty-five (365) days after the date of the Casualty to repair (the “Repair Period”), or (ii) Landlord fails to deliver the Damage Notice by the date that is ninety (90) days after such Casualty and thereafter fails to remedy such failure within ten (10) days after receipt of written notice from Tenant, then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within thirty (30) days after the Damage Notice has been delivered to Tenant (or, if no Damage Notice is delivered, within thirty (30) days after the expiration of the ten (10)-day period), with such termination effective as of the date of termination specified in such termination notice which shall in no event be earlier than thirty (30) days after the date of such termination notice, and no later than ninety (90) days after the date of such termination notice, to allow the parties sufficient time to comply with the provisions of this Lease regarding surrender of the Premises. Alternately, Tenant may, by delivery of written notice to Landlord with thirty (30) days after T▇▇▇▇▇’s receipt of a Damage Notice reflecting a Material Casualty Event and Repair Period longer than three hundred sixty-five (365) days, elect to undertake the repair of such Casualty damage and restore the Premises at all times control access Tenant’s cost and expense; provided that Landlord shall reimburse Tenant an amount equal to the Premises and may hire such security personnel as Tenant deems necessary or desirable, provided any such staff or personnel employed insurance proceeds actually received by or on behalf of Tenant shall work Landlord 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 respect of such security systems Casualty damage (or would have received if Landlord maintained the insurance required pursuant to the terms of this Lease, all as the same may have been reduced by amounts required to be paid towards deductibles 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 current Mortgagee without the ability to use such proceeds towards the repair or delayed, Tenant’s security and access systems shall, restoration of the Premises). If Tenant elects to restore the Premises pursuant to the extent possiblepreceding sentence, tie into the Building security and access systems provided, however, that it such election 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 inviteesnon-revocable, and Landlord will have no right to rely on any such security systems or guards. All security systems installed by restoration shall become and be a 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, obligation under 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 (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
Sources: Office Lease (Epoch Holding 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 (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
Sources: Lease Agreement (Etre Reit, LLC)
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 This Lease shall at all times control access to be recorded in the Premises Registry of Property of Puerto Rico, Second Section of San J▇▇▇ as set forth in Section 21.3, and may hire such security personnel as Tenant deems necessary or desirable, provided any such staff or personnel employed by or shall constitute a first priority lien 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 this Lease shall be deemed reasonable for Landlord become subject and subordinate to withhold its consent to any existing or future mortgage (hereinafter, the extent “Mortgage”) of the same adversely affects the Base Building Structure Premises 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 thereof, and any renewals, modifications, replacements or extensions thereof, only if and when a non-disturbance and attornment agreement is entered into in respect of such Mortgage by the holder thereof (hereinafter, the “Mortgagee”) acknowledging Tenant’s security systems possession and providing that: (excluding portals and security gatesa) upon so long as Tenant is not in default after the expiration of any applicable notice and grace period, the Term shall not be terminated or earlier terminationmodified in any respect whatsoever nor shall the rights or remedies of Tenant hereunder or its use, quiet enjoyment or occupancy of the Premises be disturbed or interfered with or otherwise affected in any manner as a result of any act or omission of Landlord, including any breach of or default under the Mortgage, or otherwise; (b) all condemnation awards and proceeds of insurance shall be applied in the manner provided in this Lease; (c) no such Mortgagee shall name or join Tenant as a party defendant or otherwise in any suit, provided that Tenant shall repair action or proceeding to enforce, nor will this Lease or the Term hereof be terminated (except as permitted by the provisions of this Lease) or otherwise affected by foreclosure or enforcement of, any damage rights given to any such Mortgagee pursuant to the Premises and/or Building caused terms, covenants or conditions contained therein or in any other documents held by any such removal.Mortgagee or otherwise given to any such Mortgagee as a matter of law or equity; and (d) such Mortgagee will give Tenant notice of any default by Landlord under such Mortgage concurrently with any notice given to Landlord thereunder. Such non-disturbance and attornment agreement shall be set forth in the subordination agreement referred to in Section 14.2 and shall be binding upon such Mortgagee and any successor in interest thereto, including any purchaser at any trustee’s or foreclosure sale, or other party claiming by, through or under such Mortgagee
Appears in 1 contract
Tenant’s Rights. If Owner shall default under this Lease or any Mortgage or Superior Lease, Tenant may remedy the default for the account of Owner (a) immediately and without notice in the case of an emergency, (b) with respect to a Mortgage or Superior Lease, if Owner shall fail to remedy the default for five (5) days after Tenant’s notice to Owner that Tenant shall at all times control access remedy such default, or (c) in any other case, if Owner shall fail to remedy the Premises and may hire such security personnel as default for twenty (20) Business Days (in the case of the failure to pay Tenant deems necessary a sum of money) or desirable, provided any such staff or personnel employed by or on behalf of Tenant shall work thirty (30) days (in harmony with other elements of labor being employed at the Building and will not involve any employment or use case of any labor or other action that might result Owner Default) in a labor dispute involving personnel performing work or providing services at the Building. both cases after Tenant shall have notified Owner of the rightdefault, without Landlordor if the default is not the failure to pay a sum of money and is not reasonably capable of cure within thirty (30) days then if Owner shall fail to commence to remedy the default within thirty (30) days after Tenant’s consentnotice and thereafter diligently pursue the curing of the default. Notwithstanding the foregoing, with respect to installOwner’s failure to (i) pay Base Taxes or any other Real Estate Taxes required to be paid by Owner, operatethe twenty (20) Business Day period in clause (b) shall be five (5) Business Days or (ii) substantially complete any portion of Owner’s Work by the dates set forth in Owner’s Work Schedule (subject to extension due to Tenant Delays and Unavoidable Delays), 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 exercise Tenant’s use right under this Section (1) on the later of ten (10) Business Days after the date in question or occupancy three (3) Business Days after Tenant’s notice to Owner of the failure or (2) if Owner’s failure is due to Owner’s inability to pay for Owner’s Work, on ten (10) days notice to Owner. If Tenant shall exercise Tenant’s right to complete any Building. Subject to Landlordportion of Owner’s prior written consentWork, which then Owner shall not be unreasonably withheld, conditioned or delayed, required to pay any amounts pursuant to Section 5.1 which would have accrued as a result of that failure following the date Owner would have substantially completed that portion of Owner’s Work but for Tenant exercising Tenant’s security right (and access systems shall, any dispute with respect to the extent possible, tie into the Building security and access systems provided, however, that it date 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 resolved 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 removalConstruction Arbitration).
Appears in 1 contract
Sources: Sublease (Jetblue Airways Corp)
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
Sources: Lease Agreement (Di Giorgio Corp)
Tenant’s Rights. Tenant shall at all times control access Should any Improvements or Premises be wholly or partially destroyed or damaged by fire or any other casualty not due to the Premises and may hire such security personnel as Tenant deems necessary intentional or desirablenegligent acts of Tenant, 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 shaftsrestore and reconstruct the Improvements or Premises. Notwithstanding any provision of this Lease to the contrary, columns whenever under any provision of this Lease, Tenant restores and reconstructs Improvements (other appropriate spaces than Tenant Improvements), Tenant shall be entitled to use the proceeds of Landlord’s Property Coverage, if any, as this term is defined above in Section 9.1. If Tenant elects to restore and reconstruct such Improvements, then rent shall ▇▇▇▇▇ to the degree the Premises are unusable for the installation Tenant’s business purposes until such time as Tenant has fully restored and maintenance of reconstructed such security systems Improvements and the cables, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with Landlord’s or any Other Premises are usable for Tenant’s use or occupancy of any Buildingbusiness purposes. Subject to Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, Tenant’s security and access systems shall, Notwithstanding anything to the extent possiblecontrary, tie into if Tenant has not completed restoration or reconstruction of the Building security and access systems Improvements after two (2) years provided, however, that it such two (2) year period shall be deemed reasonable for Landlord to withhold its consent to the extent the same adversely affects the Base Building Structure or the Building Systemsextended by any period of Force Majeure, or exterior aesthetics. Any security system installed or any security guards hired by Tenant will be for the sole benefit as defined under Section 16.13 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 any rent abatement shall end and Tenant shall repair any damage agrees to pay the full then-applicable rental rate. Notwithstanding anything to the contrary, if any casualty occurs within in five (5) years after the Effective Date, Tenant 1) shall not have the right to terminate pursuant to this Section 10.1 and 2) further covenants and agrees to use all insurance and other proceeds, if any, to rebuild the Improvements in the manner as originally contemplated by this Lease. Tenant may reconstruct any such building using Landlord’s insurance proceeds, if any. During the period of any reconstruction or repair pursuant to this paragraph, all rental shall ▇▇▇▇▇ to the degree the Premises and/or Building caused are unusable for Tenant’s business purposes. Tenant’s rent shall be abated proportionally until such time that it can use the Premises for the uses and purposes contemplated hereby and the reconstruction or repair is finished. If the Premises is rendered wholly untenable it cannot be used by the Tenant for the use and purposes contemplated hereby, then rate will be abated in its entirety until such removaltime as can fully operate is business out of the Premises as intended and contemplated by this Lease.
Appears in 1 contract
Sources: Lease Agreement
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
Sources: Lease Agreement (Eventbrite, Inc.)
Tenant’s Rights. Notwithstanding the foregoing, if Landlord does not elect to terminate this Lease, Tenant shall at all times control access to may terminate this Lease if either (i) Landlord notifies Tenant that in its good faith determination such repair or restoration cannot be completed within two hundred seventy (270) days from the Premises and may hire such security personnel as date of the casualty, or (ii) the damage or destruction occurs within the last fifteen (15) months of the Term, unless Tenant’s gross negligence or willful misconduct was the sole cause of the damage. If 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 has the right to utilize Building core shaftsterminate the Lease in accordance with the above provisions, columns and other appropriate spaces for Tenant may so elect by written notice to Landlord which must be given within thirty (30) days after the installation and maintenance date Landlord delivers its initial notice of such security systems and the cables, conduits and other elements associated therewith, provided such installations do not unreasonably interfere with estimate of the duration of the repairs Upon Landlord’s or any Other Tenant’s use or occupancy receipt of any Building. Subject to Landlord’s prior written consentsuch notice from Tenant under this Section 11(B), 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 termination shall be deemed reasonable for Landlord to withhold its consent to effective as of the extent date 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 Propertydestruction occurred, and Tenant shall have a reasonable period thereafter to move out of the rightPremises. There shall be an abatement of rent by reason of damage to or destruction of the Premises or the Building, but not the obligation, to remove all or any portion thereof, to the extent that (i) Landlord receives insurance proceeds for loss 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 rental income attributable to the Premises and/or and (ii) the floor area of the Premises cannot be reasonably used by Tenant for conduct of its business, in which event the Base Rent shall ▇▇▇▇▇ proportionately according to (i) or (ii) above, as appropriate, commencing on the date that the damage to or destruction of the Premises or Building caused by has occurred, and except that, if Landlord or Tenant elects to terminate this Lease as provided in Paragraph 11(B) above, no obligation shall accrue under this Lease after such removaltermination. Notwithstanding the provisions of this Section, if Landlord’s insurance refuses to pay for a portion of abatement or Landlord lacks coverage and the cause of the damage was due to the gross negligence or willful misconduct of Tenant or its employees, agents or contractors, Tenant shall not be entitled to such abatement.
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 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. If (i) a Self-Help Event occurs, (ii) Tenant shall at all times control access gives Landlord notice thereof (which refers specifically to this Section 24.2), (iii) Landlord fails to remedy such Self-Help Event within thirty (30) days after Tenant gives Landlord notice thereof (or, to the extent of an emergency, a shorter period that is reasonable under the circumstances), except that if (x) such Self-Help Event cannot be remedied with reasonable diligence during such period of thirty (30) days (or such shorter period, as the case may be), (y) Landlord takes reasonable steps during such period of thirty (30) days (or such shorter period, as the case may be) to commence Landlord's remedying of such Self-Help Event, and (z) Landlord prosecutes diligently Landlord's remedying of such Self-Help Event to completion, then such period of thirty (30) days (or such shorter period, as the case may be) shall be extended for the period that Landlord reasonably requires to diligently prosecute such cure to completion, (iv) except in an emergency, such failure continues for an additional period of five (5) Business Days after the date that Tenant gives Landlord an additional notice to the effect that Landlord has failed to remedy such Self-Help Event, and (v) such Self-Help Event may be cured by actions taken solely within the Premises, except that Tenant may take actions outside of the Premises and if required in connection with the performance of Landlord's Post-Delivery Work, then Tenant may hire (a) cure such security personnel as Tenant deems necessary or desirable, provided any Self-Help Event for the account of Landlord to the extent that such staff or personnel employed Self-Help Event can be cured by or on behalf actions of Tenant shall work taken solely within the Premises, except that Tenant may take actions outside of the Premises if required in harmony connection with other elements the performance of labor being employed at Landlord's Post-Delivery Work, (b) pay any third party (in all circumstances where such Self-Help Event may be cured by the Building payment of a fixed sum to a third party) as may be required to effect the cure of the Self-Help Event, or (c) make any reasonable expenditure or incur any reasonable obligation for the payment of money, including, without limitation, reasonable attorneys' fees and will not involve disbursements, in instituting, prosecuting or defending any employment action or use of any labor or other action that might result proceeding, in a labor dispute involving personnel performing work or providing services at the Buildingorder to cure such Self-Help Event. Tenant shall have incur only those costs and expenses that are reasonably necessary under the right, without Landlord’s consentcircumstances and shall receive no profit in connection with its performance of such work. Subject to the terms of this Section 24.2, to installthe extent that Tenant incurs any Out-of-Pocket Costs in connection with curing a Self-Help Event as aforesaid, operateLandlord shall reimburse Tenant for such Out-of-Pocket Cost (with interest thereon at the Applicable Rate calculated from the date that Tenant incurs such cost), maintainwithin thirty (30) days after Tenant's submission of an invoice therefor to Landlord, repair and replace any automated and/or non-automated security or access systems intogether with reasonable supporting documentation for the charges set forth therein. Subject to the terms of this Section 24.2, if Landlord fails to pay such amount to Tenant on or about prior to the Premisesthirtieth (30th) day after the date that Tenant makes such submission to Landlord, 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. then Tenant shall have the right to utilize Building core shaftsoffset against the Rental thereafter due hereunder an amount equal to such payment due from Landlord to Tenant. The exercise by Tenant of its rights pursuant to this Article 24 shall not affect the rights that Tenant may have to a credit towards Fixed Rent or Escalation Rent as expressly provided in Section 6.2(F) hereof, columns and other appropriate spaces for Section 10.3 hereof or Section 11.2 hereof, as 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 consentcase may be, which credits shall not be unreasonably withheld, conditioned or delayed, Tenant’s security and access systems shall, continue to accrue in accordance with 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 terms thereof until 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 removalSelf-Help Event is remedied.
Appears in 1 contract
Sources: Lease (Clear Secure, Inc.)
Tenant’s Rights. Tenant shall at all times control access Notwithstanding anything to the Premises contrary contained herein or the Mortgage, Tenant may assert any claims for rental abatement, offsets and may hire rent credits permitted under the terms of the Tenant's Rights Sections (as hereinafter defined) whether arising on, before or after the Succession Date (i) against Former Landlord and (ii) to the extent such security personnel rent credits, offsets or abatements have not been fully exhausted as Tenant deems necessary of the Succession Date or desirablecontinue to accrue after the Succession Date, against Mortgagee or any Successor Landlord; and the foregoing shall not be construed to relieve Successor Landlord of liability under the Lease first arising and accruing after the Succession Date; and provided further for purposes of clarity, it is hereby acknowledged and agreed that as of the Succession Date, subject to the terms of this Agreement, Mortgagee and any such staff or personnel employed Successor Landlord shall be bound by or on behalf all of Tenant shall work in harmony with other elements the terms, covenants and conditions of labor being employed at the Building and will not involve any employment or use Lease for the balance 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 rightterm thereof remaining, 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, including but not limited toto the following obligations, 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, each to the extent possible, tie into expressly required under the Building security and access systems Lease; provided, however, that it in no event shall be deemed reasonable for Mortgagee or Successor Landlord to withhold its consent to incur any liability beyond Mortgagee or Successor Landlord's then equity interest, if any, in 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 look exclusively to such equity interest of Lender, if any, in the Property for the payment and discharge of any obligations or liability imposed upon Mortgagee hereunder or under the Lease: (w) the balance of Tenant's Contribution or Tenant's Expansion Premises Contribution to the extent delivered by Tenant to Former Landlord and not applied, as applicable toLandlord's Work or Landlord's Expansion Premises' Work but only to the extent Mortgagee or Successor Landlord actually receives Tenant's Contribution or Tenant's Expansion Premises Contribution; (x) any rent credits, offsets, abatements or reductions of Rent to which Tenant may be entitled as set forth in is expressly set forth in the Lease, including, without limitation, the abatement of Rent through the Rent Commencement Date (andany extension of the Rent Commencement Date pursuant to Section 4.2), rent credits, offsets, refunds, abatements of or reduction of Rent set forth in Section 4.2(e), Section 4.2(f), Section 5.1(d)(iii), Section S.l(d)(iv), , Section 7.2(b), Section 7.4(a), Section 8.1(e), Section 10.1 J(b), Section 11.3, Section 12.l(b), Section 12.3, Section 26.18(c), Section 26.19(b), Section 26.22(a), Section 3 I .2, Section 32.4, Section 32.8, and Section 33.8 which, in any case, have not yet been fully applied, credited, offset or exhausted against amounts payable by Tenant under the rightLease as of the Succession Date (collectively referred to as the "Tenant's ights Sections"); and (y) any options or rights ofTenant under the Lease to the Expansion Premises and any Renewal Terms. 6. Exculpation o[Successor Landlord. Notwithstanding anything to the contrary in this Agreement or the Lease, but not upon any attornment pursuant to this Agreement, the obligationLease shall be deemed to have been automatically amended to provide that Successor Landlord's obligations and liability under the Lease shall never extend beyond Successor Landlord's (or its successors' or assigns') interest, if any, in the ·Leased Premises from time to remove all time, including insurance and condemnation proceeds, security deposits, escrows, Successor Landlord's interest in the Lease, and the proceeds from any sale, lease or other disposition of the Property (or any portion of Tenant’s security systems thereof) by Successor Landlord (excluding portals and security gates) upon collectively, the expiration or earlier termination, this Lease, provided that "Successor Landlord's Interest"). Tenant shall repair look exclusively to Successor Landlord's Interest (or that of its successors and assigns) for payment or discharge of any damage obligations of Successor Landlord under the Lease as affected by this Agreement. If Tenant obtains any money judgment against Successor Landlord with . respect to the Premises and/or Building caused by Lease or the relationship between Successor Landlord and Tenant, then Tenant shall look solely to Successor Landlord's Interest (or that of its successors and assigns) to collect such removal.judgment. Tenant shall not collect or attempt to collect any such judgment out of any other assets of Successor Landlord. 16100912_3
Appears in 1 contract
Sources: Lease Agreement (2U, 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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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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