Tenant’s Rights. Tenant may from time to time during the Lease Term, at 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 as Tenant may consider necessary or desirable 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 affected, except as may be set forth in the Plans and Specifications; (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 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 obtain Landlord’s written consent (which consent shall not be unreasonably withheld, conditioned or delayed) and submit to Landlord for approval plans and specifications for the work to be performed. Within ten (10) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) 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 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), then Tenant shall have the right to give Landlord a second notice requesting such approval 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 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 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 $500,000.00 (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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date of this Lease, and (ii) the term “CPI Month” shall mean a particular calendar month for the 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. Tenant may from time to time during the Lease Term, shall at its expense, make such alterations, additions, installations, substitutions, improvements and decorations (collectively, with Tenant’s Work, referred to as “Alterations”) in and all times control access to the Premises and may hire such security personnel as Tenant may consider deems necessary or desirable for 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 conduct Building and will not involve any employment or use of its business 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 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 following conditions:
(a) installation and maintenance of such security systems and the outside appearance or the strength of the Building 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 its structural parts shall not be affected, except as may be set forth in the Plans and Specifications;
(b) no part of the Building outside of the Premises shall be physically affected other than any Building. Subject to a de minimis extent;
(c) no other tenant or occupant of the Building, and 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 obtain Landlord’s prior written consent (consent, which consent shall not be unreasonably withheld, conditioned or delayed) , Tenant’s security and submit 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 for approval plans and specifications 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 work 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 performed. Within ten (10) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) after its receipt of a submission of plans Tenant’s Property, and specifications, Landlord 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), then Tenant shall have the right right, but not the obligation, to give Landlord a second notice requesting such approval 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 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 Building systems or facilities of the Building remove all or any portion thereof shall not be affected of Tenant’s security systems (excluding portals and (ivsecurity gates) such Alterationsupon the expiration or earlier termination, together with all Alterations in the prior six (6) months, do not cost, in the aggregate, in excess of $500,000.00 (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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date of this Lease, and (ii) provided that Tenant shall repair any damage to the term “CPI Month” shall mean a particular calendar month for the determination of the CPI Fraction;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 may from time to time during the Lease Term, at 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 as Tenant may consider necessary or desirable 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 affected, except as may be set forth in the Plans and Specifications;
(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, plumbing, electrical, life safety, proprietary of other than systems or common facilities of the Building performed subject to a de minimis extentand in accordance herewith);
(c) no other tenant or occupant of the Building, and no common area of the BuildingBuilding or the Unit, shall be affected 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 adversely affectedaffected (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, conditioned or delayedwithheld 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 fifteen (1015) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) 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 T▇▇▇▇▇Tenant’s request for approval within such ten fifteen (1015) Operating Day period (or five (5) Operating Day period in the case of resubmissions in response to Landlord comments)day period, then Tenant shall have the right to give Landlord a second notice requesting such approval and, provided such second request for approval shall prominently specify that Landlord’s failure to approve or disapprove the same within five seven (57) 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 seven (57) 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 paintingstechnology work (i.e., carpeting voice and/or data cabling, equipment installations and upgrades), or wall coverings or (B) any 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, with respect to this clause (B), that (i) Tenant gives Landlord at least ten (10) Operating Daysdays’ 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 and providing copies of any plans and specifications for the work to be performedAlterations), (ii) a building, alteration or other governmental permit is not required or otherwise filed in connection therewith, therewith and (iii) 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). Landlord may as a condition of its consent require Tenant (ivA) 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, together Tenant shall perform, observe and comply with all Alterations of the conditions and covenants set forth in the prior six (6) monthsprovisions 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, do not costspecifications and work conform with applicable law and insurance requirements, in the aggregate, in excess nor shall it be deemed a waiver by Landlord of $500,000.00 (the “Alteration Threshold”). The Alteration Threshold shall be increased on each Adjustment Date compliance 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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date 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 of the Building by the other tenants and occupants thereof, including, but without limitation, on an “overtime” basis. Subject to the provisions of this Article 8, Landlord shall not unreasonably withhold or delay its consent to the installation by Tenant of (i) a security system for the Premises and (ii) an internal staircase connecting the term “CPI Month” shall mean a particular calendar month for the determination thirty-second (32nd) floor of the CPI Fraction;Premises to the 31st Floor Premises (it being agreed that such internal staircase and the slab cuts relating thereto shall be deemed to be Specialty Alterations).
Appears in 1 contract
Sources: Office Lease (Epoch Holding Corp)
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 time to time during the Lease TermTenant, Tenant, at its expensesole option, make such alterations, additions, installations, substitutions, improvements and decorations shall have the right to elect either of the following remedies by written notice to Landlord: (collectively, with Tenant’s Work, referred to as “Alterations”i) in and to the Premises as Tenant may consider necessary or desirable for the conduct take over such steps required by MPCA of its business Landlord, 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 affected, except as may be set forth in the Plans and Specifications;
(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 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 obtain Landlord’s written consent (which consent shall not be unreasonably withheld, conditioned or delayed) and submit to Landlord for approval plans and specifications for the work to be performed. Within ten (10) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) 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 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), then Tenant shall have the right to give recover from Landlord the reasonable costs incurred by Tenant to perform such steps required by MPCA, together with interest thereon at the Interest Rate, or (ii) Tenant may terminate this Lease, provided, however, to be 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 Landlord prior to Landlord's completion of the MPCA required work. Notwithstanding the foregoing provisions to the contrary, Tenant shall not have the option to terminate this Lease unless the MPCA (or, if the MPCA fails to provide a second notice requesting timely response to inquiry of Landlord or Tenant, an environmental consultant reasonably acceptable to both Landlord or Tenant) shall determine that occupancy of the Premises creates material risk of illness or injury from such approval andHazardous Materials. Notwithstanding the foregoing provisions to the contrary, provided such second request for approval shall prominently specify that Landlord’s failure to approve or disapprove Landlord promptly commences and diligently proceeds with 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 periodsteps required by MPCA, Landlord shall have such additional time as may be deemed reasonably necessary to have approved complete such steps so long as in the samereasonable judgment of Tenant 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. Notwithstanding Landlord shall use reasonable efforts to minimize any interference with Tenant's business caused by Landlord's entry into the foregoing, Premises. The obligations of Landlord and Tenant shall have no obligation to obtain Landlord’s consent or approval in connection with under subsections (Ae) any decorative or cosmetic work, such as paintings, carpeting or wall coverings or and (B) any Alterations, provided that, with respect to this clause (Bf), (i) Tenant gives Landlord at least ten (10) Operating Days’ prior notice describing such Alterations in reasonable detail (including setting forth respectively, shall survive 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 expiration or other governmental permit is not required or otherwise filed in connection therewith, (iii) the 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 $500,000.00 (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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date termination of this Lease, and (ii) the term “CPI Month” shall mean a particular calendar month for the determination of the CPI Fraction;.
Appears in 1 contract
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 be permitted reasonable access to the 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 from time to time during install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the Lease Term, at its expense, make such alterations, additions, installations, substitutions, improvements and decorations (collectively, with Tenant’s Work, referred to as “AlterationsLines”) at the Building in and to the Premises as Tenant may consider necessary or desirable for the conduct of its business in serving the Premises, subject to the following conditions:
provided: (a) the outside appearance or the strength of the Building or any of its structural parts shall not be affected, except as may be set forth in the Plans and Specifications;
(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 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 obtain Landlord’s prior written consent (which consent shall not to be unreasonably withheld, conditioned 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 installation, maintenance, replacement, removal or delayeduse 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 submit 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 for approval plans 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 specifications for (h) Tenant shall pay all costs in connection therewith. Landlord reserves the work right to be performed. Within require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any Applicable Laws within ten (10) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) business 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 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), then Tenant shall have the right to give Landlord a second notice requesting such approval 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 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 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 $500,000.00 (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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date of this Lease, and (ii) the term “CPI Month” shall mean a particular calendar month for the determination of the CPI Fraction;notice.
Appears in 1 contract
Sources: Lease Agreement (Eventbrite, Inc.)
Tenant’s Rights. Notwithstanding anything to the contrary contained herein or the Mortgage, Tenant may from time assert any claims for rental abatement, offsets and 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 time during the extent such rent credits, offsets or abatements have not been fully exhausted as of the Succession Date or continue 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 Termfirst arising and accruing after the Succession Date; and provided further for purposes of clarity, at its expense, make such alterations, additions, installations, substitutions, improvements it is hereby acknowledged and decorations (collectively, with Tenant’s Work, referred to agreed that as “Alterations”) in and to of the Premises as Tenant may consider necessary or desirable for the conduct of its business in the PremisesSuccession Date, subject to the terms of this Agreement, Mortgagee and any Successor Landlord shall be bound by all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining, including but not limited to the following conditions:
obligations, each to the extent expressly required under the Lease; provided, however, in no event shall Mortgagee or Successor Landlord incur any liability beyond Mortgagee or Successor Landlord's then equity interest, if any, in the 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: (aw) the outside appearance balance of Tenant's Contribution or Tenant's Expansion Premises Contribution to the strength 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 the Building or any of its structural parts shall not be affected, except as Rent to which Tenant may be entitled as set forth in is expressly set forth in the Plans and Specifications;
Lease, including, without limitation, the abatement of Rent through the Rent Commencement Date (b) no part andany extension of the Building outside 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 Lease 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 shall be physically affected other than and any Renewal Terms. 6. Exculpation o[Successor Landlord. Notwithstanding anything to a de minimis extent;
(c) no other tenant the contrary in this Agreement or occupant of the BuildingLease, and no common area of upon any attornment pursuant to this Agreement, 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 obtain Landlord’s written consent (which consent shall not be unreasonably withheld, conditioned or delayed) and submit to Landlord for approval plans and specifications for the work to be performed. Within ten (10) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) 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 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), then Tenant shall have the right to give Landlord a second notice requesting such approval 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 five (5) Operating Day period, Landlord Lease shall be deemed to have approved been automatically amended to provide that Successor Landlord's obligations and liability under the same. Notwithstanding Lease shall never extend beyond Successor Landlord's (or its successors' or assigns') interest, if any, in the foregoing·Leased Premises from time to time, Tenant shall have no obligation to obtain including insurance and condemnation proceeds, security deposits, escrows, Successor Landlord’s consent 's interest in the Lease, and the proceeds from any sale, lease 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) other disposition 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), Property (ii) a building, alteration or other governmental permit is not required or otherwise filed in connection therewith, (iii) the Building systems or facilities of the Building or any portion thereof thereof) by Successor Landlord (collectively, the "Successor Landlord's Interest"). Tenant shall look exclusively to Successor Landlord's Interest (or that of its successors and assigns) for payment or discharge of any 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 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 judgment. Tenant shall not be affected and (iv) collect or attempt to collect any such Alterations, together with all Alterations in the prior six (6) months, do not cost, in the aggregate, in excess judgment out of $500,000.00 (the “Alteration Threshold”)any other assets of Successor Landlord. 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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date of this Lease, and (ii) the term “CPI Month” shall mean a particular calendar month for the determination of the CPI Fraction;16100912_3
Appears in 1 contract
Sources: Lease Agreement (2U, Inc.)
Tenant’s Rights. Subject to the terms and conditions of this Article 31, and at no additional cost or expense to Tenant, Tenant and/or Tenant’s telecommunications provider shall be permitted access to the Building’s riser system or alternative space in the Building (which alternative space shall be reasonably acceptable to Tenant and its telecommunications provider) for the installation of telecommunications cabling and other equipment, and, in order to install, maintain, operate and remove telecommunications cabling or other equipment to the Premises. The parties acknowledge that AT&T has installed telecommunications service to the Building terminating in the Building’s MPOE room. Landlord shall allow access to the Building (including the Building’s riser system and MPOE room) to all other telecommunications carriers requested by Tenant for the installation of telecommunications service, at no additional cost to Tenant. Tenant may from time to time during install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the Lease Term, at its expense, make such alterations, additions, installations, substitutions, improvements and decorations (collectively, with Tenant’s Work, referred to as “AlterationsLines”) at the Building in and to the Premises as Tenant may consider necessary or desirable for the conduct of its business in serving the Premises, subject to the following conditions:
provided: (a) the outside appearance or the strength Tenant shall deliver prior written notice to Landlord, and comply with all of the Building or any other provisions of its structural parts shall not be affectedArticle 10, except as may be set forth in the Plans and Specifications;
(b) no part of the Building outside of the Premises any such installation, maintenance, replacement, removal or use shall be physically affected other than to a de minimis extent;
coordinated with any riser management company designated by Landlord and 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) no other tenant or occupant an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, and no common area of the Buildingas determined in Landlord’s reasonable discretion, shall be affected other than to a de minimis extent;
(d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the proper and economical functioning normal insulation ratings of ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Building systems Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or facilities of the Building or any portion thereof shall not be adversely affected;
radiation, (e) before proceeding with Tenant’s rights shall be subject to the rights of any Alterationsregulated telephone company, and (f) Tenant shall obtain Landlord’s written consent (which consent shall not be unreasonably withheld, conditioned or delayed) and submit to pay all costs in connection therewith. Landlord for approval plans and specifications for the work to be performed. Within ten (10) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) 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 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), then Tenant shall have reserves the right to give Landlord a second notice requesting such approval andrequire that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, 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 which are at any time 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 violation of any plans and specifications for the work to be performed)Applicable Laws, within thirty (ii30) a building, alteration or other governmental permit is not required or otherwise filed in connection therewith, (iii) the 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 $500,000.00 (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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date of this Lease, and (ii) the term “CPI Month” shall mean a particular calendar month for the determination of the CPI Fraction;days after notice.
Appears in 1 contract
Sources: Office Lease (Zynga Inc)
Tenant’s Rights. Tenant may from time to time during the Lease Term, at its expense, make such alterations, additions, installations, substitutions, improvements and decorations (collectively, with Tenant’s Work, hereinafter collectively referred to as “"Alterations”") in and to the Premises as Tenant may consider necessary or desirable 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 affected, except as may be set forth in the Plans and Specifications;
(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 other than affected, except as otherwise expressly permitted by this Lease (such as, for example, the rights of Tenant under Article 25 to a de minimis extentinstall Communications Equipment, Article 27 to install emergency generators, or Section 20.24 to install signs on the inside or outside of the Building);
(cd) 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 affected other than to a de minimis extent;
(d) the proper materially and economical functioning of the Building systems or facilities of the Building or any portion thereof shall not be 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 AlterationsAlterations (except for Decorative Alterations as described in subsection (g) below), Tenant shall obtain Landlord’s written consent submit to Landlord for its approval (which consent shall not be unreasonably withheld, conditioned withheld or delayed) and submit to Landlord for approval plans and specifications for the work to be performed. Within , 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) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) days after its receipt of a submission of the plans and specifications, Landlord shall either consent thereto or specify any objections theretospecifications from Tenant. If Landlord does not respond to T▇▇▇▇▇’s request for approval Tenant within such ten (10) Operating Day period (or five (5) Operating Day period in the case of resubmissions in response to Landlord comments)day period, then Tenant shall have the right to give Landlord a second notice requesting such approval 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 five (5) Operating Day period, Landlord shall be deemed to have approved the sameproposed plans and specifications. Notwithstanding the foregoing, Landlord may as a condition of its consent require 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 to perform all such work at such times and in such manner as to create the least ten (10) Operating Days’ prior notice describing such Alterations in reasonable detail (including setting forth practicable interference with the name(s) and address(es) use of the contractor(s) whom Tenant desires to perform such Alterations Building by the other tenants and providing copies of any plans and specifications for the work to be performed)occupants thereof, including, but without limitation, on an "overtime" basis, (ii) a buildingto make reasonable revisions in and to its plans and specifications, alteration or other governmental permit is not required or otherwise filed in connection therewith, (iii) to agree that any portion of such Alterations connected to or involving any portion of the Building HVAC, plumbing, electrical or other systems or facilities 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, internal stairways, pantries, non-building standard lavatories or showers, vaults, 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 the like. At the time of Landlord's approval of such plans, Landlord may specify which (or all) of the Non-Standard Alterations Landlord shall require Tenant to remove and to restore the affected portion thereof shall of the Premises at the expiration of this Lease. If Landlord does not be affected and (iv) require Tenant to remove any such Non-Standard Alterations, together with all Alterations in then the prior six (6) months, do not cost, in same shall remain after the aggregate, in excess of $500,000.00 (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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date expiration or other termination of this Lease, and (ii) Tenant shall not be permitted to remove the term “CPI Month” same. If this Lease terminates other than at the Expiration Date, Tenant shall mean a particular calendar month for remove any such Non-Standard Alterations which Landlord had specified were required to be removed at the determination time of its approval of the CPI Fraction;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 plans and specifications and consent to the performance 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, 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 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 changes to the Premises resulting from such Decorative Alterations.
Appears in 1 contract
Sources: Lease Agreement (Etre Reit, LLC)
Tenant’s Rights. Tenant may from time to time during the Lease Term, at its expense, make such alterations, additions, installations, substitutions, improvements and decorations (collectively, with Tenant’s Work, hereinafter collectively referred to as “Alterations”) in and to the Premises as Tenant may consider necessary or desirable 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 affected, except as may be set forth in the Plans and Specifications;
(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 other than affected, except as otherwise expressly permitted by this Lease (such as, for example, the rights of Tenant under Article 25 to a de minimis extentinstall Communications Equipment, Article 27 to install emergency generators, or Section 20.24 to install signs on the inside or outside of the Building);
(cd) 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 affected other than to a de minimis extent;
(d) the proper materially and economical functioning of the Building systems or facilities of the Building or any portion thereof shall not be 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 AlterationsAlterations (except for Decorative Alterations as described in subsection (g) below), Tenant shall obtain Landlord’s written consent submit to Landlord for its approval (which consent shall not be unreasonably withheld, conditioned withheld or delayed) and submit to Landlord for approval plans and specifications for the work to be performed. Within , 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) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) days after its receipt of a submission of the plans and specifications, Landlord shall either consent thereto or specify any objections theretospecifications from Tenant. If Landlord does not respond to T▇▇▇▇▇’s request for approval Tenant within such ten (10) Operating Day period (or five (5) Operating Day period in the case of resubmissions in response to Landlord comments)day period, then Tenant shall have the right to give Landlord a second notice requesting such approval 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 five (5) Operating Day period, Landlord shall be deemed to have approved the sameproposed plans and specifications. Notwithstanding the foregoing, Landlord may as a condition of its consent require 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 to perform all such work at such times and in such manner as to create the least ten (10) Operating Days’ prior notice describing such Alterations in reasonable detail (including setting forth practicable interference with the name(s) and address(es) use of the contractor(s) whom Tenant desires to perform such Alterations Building by the other tenants and providing copies of any plans and specifications for the work to be performed)occupants thereof, including, but without limitation, on an “overtime” basis, (ii) a buildingto make reasonable revisions in and to its plans and specifications, alteration or other governmental permit is not required or otherwise filed in connection therewith, (iii) to agree that any portion of such Alterations connected to or involving any portion of the Building HVAC, plumbing, electrical or other systems or facilities 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, internal stairways, pantries, non-building standard lavatories or showers, vaults, 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 the like. At the time of Landlord’s approval of such plans, Landlord may specify which (or all) of the Non-Standard Alterations Landlord shall require Tenant to remove and to restore the affected portion thereof shall of the Premises at the expiration of this Lease. If Landlord does not be affected and (iv) require Tenant to remove any such Non-Standard Alterations, together with all Alterations in then the prior six (6) months, do not cost, in same shall remain after the aggregate, in excess of $500,000.00 (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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date expiration or other termination of this Lease, and (ii) Tenant shall not be permitted to remove the term “CPI Month” same. If this Lease terminates other than at the Expiration Date, Tenant shall mean a particular calendar month for remove any such Non-Standard Alterations which Landlord had specified were required to be removed at the determination time of its approval of the CPI Fraction;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 plans and specifications and consent to the performance 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, 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 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 changes to the Premises resulting from such Decorative Alterations.
Appears in 1 contract
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 time to time during the Lease TermTenant, Tenant, at its expensesole option, make such alterations, additions, installations, substitutions, improvements and decorations shall have the right to elect either of the following remedies by written notice to Landlord: (collectively, with Tenant’s Work, referred to as “Alterations”i) in and to the Premises as Tenant may consider necessary or desirable for the conduct take over such steps required by MPCA of its business Landlord, 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 affected, except as may be set forth in the Plans and Specifications;
(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 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 obtain Landlord’s written consent (which consent shall not be unreasonably withheld, conditioned or delayed) and submit to Landlord for approval plans and specifications for the work to be performed. Within ten (10) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) 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 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), then Tenant shall have the right to give recover from Landlord the reasonable costs incurred by Tenant to perform such steps required by MPCA, together with interest thereon at the Interest Rate, or (ii) Tenant may terminate this Lease, provided, however, to be 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 Landlord prior to Landlord’s completion of the MPCA required work. Notwithstanding the foregoing provisions to the contrary, Tenant shall not have the option to terminate this Lease unless the MPCA (or, if the MPCA fails to provide a second notice requesting timely response to inquiry of Landlord or Tenant, an environmental consultant reasonably acceptable to both Landlord or Tenant) shall determine that occupancy of the Premises creates material risk of illness or injury from such approval andHazardous Materials. Notwithstanding the foregoing provisions to the contrary, provided such second request for approval shall prominently specify that Landlord’s failure to approve or disapprove Landlord promptly commences and diligently proceeds with 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 periodsteps required by MPCA, Landlord shall have such additional time as may be deemed reasonably necessary to have approved complete such steps so long as in the samereasonable judgment of Tenant 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. Notwithstanding the foregoing, Tenant Landlord shall have no obligation use reasonable efforts to obtain minimize any interference with Tenant’s business caused by Landlord’s consent or approval in connection with entry into the Premises. The obligations of Landlord and Tenant under subsections (Ae) any decorative or cosmetic work, such as paintings, carpeting or wall coverings or and (B) any Alterations, provided that, with respect to this clause (Bf), (i) Tenant gives Landlord at least ten (10) Operating Days’ prior notice describing such Alterations in reasonable detail (including setting forth respectively, shall survive 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 expiration or other governmental permit is not required or otherwise filed in connection therewith, (iii) the 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 $500,000.00 (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 (b) the denominator of which is the CPI for the CPI Month immediately preceding the date termination of this Lease, and (ii) the term “CPI Month” shall mean a particular calendar month for the determination of the CPI Fraction;.
Appears in 1 contract
Tenant’s Rights. In its performance of the Tenant may from time to time during the Lease Term, at 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 as Tenant may consider necessary or desirable 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 affected, except as may be set forth in the Plans and Specifications;
(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 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 obtain Landlord’s written consent (which consent shall not be unreasonably withheld, conditioned or delayed) and submit to Landlord for approval plans and specifications for the work to be performed. Within ten (10) Operating Days (or five (5) Operating Days in the case of any resubmissions in response to Landlord comments) 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 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), then Tenant shall have the right to give Landlord a second notice requesting take such approval and, provided actions and utilize 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 facilities as are customarily and reasonably taken and utilized in the event construction of comparable space, subject to such customary and reasonable restrictions as Landlord fails to approve or disapprove such may adopt in the prudent management of the Buildings. Tenant shall not be charged for the use of utilities, 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 specifications within such five (5) Operating Day perioddrawings or any 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, and 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 contrary in the Agreement to which this Addendum is attached, or in any other agreement between Contractor, Owner and/or Architect, Landlord or their respective subcontractors, agents, employees or representatives, the parties hereto agree as follows: All general liability and umbrella liability insurance coverage required herein or in any other agreement between the parties shall be deemed written on an "Occurrence Basis". Contractor shall at all times during the period in which this Contract is in force, provide, maintain and require all subcontractors to have approved provide and maintain the same. Notwithstanding following types of insurance protecting the foregoing, Tenant shall have no obligation interest of Landlord and Owner and Contractor with limits not less than those as set forth below: WORKER'S COMPENSATION INSURANCE (WC) 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 thatcover statutory limits of the Worker's Compensation Law of the State of Virginia, with respect to this clause Coverage B Employer's Liability coverage in limits not less than $500,000 COMMERCIAL GENERAL LIABILITY (B), GGL) insurance for hazards of (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)Premises Operations, (ii) a building, alteration or other governmental permit is not required or otherwise filed in connection therewithElevators and Escalators, (iii) the Building systems or facilities of the Building or any portion thereof shall not be affected and 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 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 Alterationsproperty resulting therefrom. The Umbrella insurance shall set forth coverage limits with respect to each occurrence, together with all Alterations 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 prior six (6) months, do not cost, in the aggregate, 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 ($500,000.00 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 “Alteration Threshold”)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. The Alteration Threshold Contractor 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 liable to Landlord and Owner for the CPI Month immediately preceding 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 Adjustment Date and addendum. (b) the denominator of which is the CPI Any subcontractor working directly for the CPI Month immediately preceding the date Owner shall be deemed a General Contractor for purposes of this Lease, addendum and (ii) the term “CPI Month” shall mean a particular calendar month for the determination comply with all obligations herein required of the CPI Fraction;Contractor).
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