Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations to the Premises without Landlord’s consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything set forth in this Section 6.05 to the contrary, Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modifications, renovations, improvements or installations, not to exceed the amount of Twenty-Five Thousand and no/100 Dollars ($25,000.00) per project (the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors of Tenant’s choice. (b) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility. (c) All alterations, additions, and improvements will be accomplished in a good and workmanlike manner and in conformity with all applicable laws and regulations. ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Upon completion of the construction of any structural improvements, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials.
Appears in 2 contracts
Sources: Lease (1847 Holdings LLC), Lease (1847 Holdings LLC)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations alterations, additions or improvements to the Premises without Landlord’s consent prior written consent, which consent shall not be unreasonably withheldwithheld and shall be granted or denied within ten (10) business days, conditioned or delayed. Notwithstanding anything set forth in this Section 6.05 to the contrary, Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such except for non-structural alterations, additions or improvements and which are not visible from the outside of the Building of which the Premises is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to Landlord and consistent with landlords of Comparable Buildings. Tenant shall promptly remove any alterations, additions, modifications, renovations, or improvements or installations, not to exceed the amount constructed in violation of Twenty-Five Thousand and no/100 Dollars ($25,000.00this Section 6.5(a) per project (the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenantupon Landlord’s use and operation of the Premises and using contractors of Tenant’s choice.
(b) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) written request. All alterations, additions, and improvements will shall be accomplished done in a good and workmanlike manner manner, in accordance with plans, specifications and drawings reasonably approved in writing by Landlord, and in conformity with all applicable rules, laws and regulations, and by a licensed contractor reasonably approved by Landlord which consent shall not be unreasonably withheld or conditioned by Landlord unless a Design Problem exists and shall be granted or denied within ten (10) business days. ▇▇▇▇▇▇▇▇’s approval A “Design Problem” is defined as, and will be deemed to exist if such alteration will (i) adversely affect the exterior appearance of the plansBuilding; (ii) adversely affect the Building structure; (iii) adversely affect the Building systems in a non-de minimus manner; (iv) unreasonably interfere with any other occupant’s normal and customary office operation or rights under their lease(s); or (v) fail to comply with applicable laws; provided, specifications however, notwithstanding that the following improvements might otherwise constitute a Design Problem (rolling file rooms, file rooms, libraries, interconnecting stairs and working drawings for Tenant’s structural alterations UPS unit(s)), Landlord shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, not unreasonably withhold its consent to such improvements or compliance with all laws, rules and regulations of governmental agencies or authoritiesalterations. Upon completion of the construction of any structural improvementssuch work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, a certificate of completion by the architect who supervised the construction and proof of payment for all labor and materialsmaterials including appropriate lien releases. Except for Landlord’s negligence or willful misconduct, Landlord shall have no responsibility or liability for any death or injury to persons, including but not limited to Tenant, Tenant’s officers, directors, members, employees, personnel, contractors, invitees and/or any third persons in or upon the real property of Landlord, or for damage to property caused by alterations, additions or improvements made to the Premises by Tenant, whether or not made pursuant to Landlord’s prior written consent as required herein, and Tenant hereby indemnifies Landlord against any such liability, obligation, cost or expense arising therefrom.
(b) Tenant shall pay when due all claims for labor and material furnished to the Premises. Tenant shall give Landlord at least ten (10) business days prior written notice of the commencement of any work on the Premises, regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Premises. Tenant shall keep the Premises, the Building and the Project free and clear of any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. If any such lien is filed against the Premises, the Building or the Project, Tenant shall, within ten (10) business days thereafter, cause the lien to be fully discharged by either paying the obligation secured thereby or obtaining and recording a payment bond in accordance with the provisions of Section 33-1004, Arizona Revised Statutes. Tenant shall indemnify and hold Landlord harmless from any claims for lien waivers. Tenant is not authorized to act for on behalf of Landlord as its agent, or otherwise, for the purpose of constructing any improvements to the Premises, and neither Landlord nor Landlord’s interest in the Premises shall be subject to any obligations incurred by Tenant. Landlord shall be entitled to post on the Premises during the course of any construction by Tenant such notices of non-responsibility as Landlord deems appropriate for the protection of Landlord and its interest in the Premises. If Tenant fails to fully discharge any such lien within a 10-business day period, Landlord may (but shall not be so obligated) pay the claim secured by such lien, and the amount so paid, together with any costs and reasonable attorneys’ fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant shall pay the same to Landlord with interest at the rate provided in Section 4.01(c) from the dates of Landlord’s payments. Should any claims of lien be filed against the Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof.
(c) Unless Landlord requires the removal thereof upon the termination of this Lease at the time Landlord consents thereto and only to the extent causing a Design Problem, Tenant shall not be required to restore any of the Tenant Improvements, or any subsequent alterations, additions or improvements to the Premises by Tenant if approved by Landlord in writing (except movable furniture, equipment and trade fixtures), and such items shall become a part of the Premises and the property of Landlord immediately upon installation thereof. Any alteration, addition or improvement which Tenant is required or permitted to remove hereunder, together with any movable furniture, equipment and trade fixtures, shall be removed at Tenant’s expense upon the termination of this Lease, and Tenant shall promptly repair any damage to the Premises caused by such removal. In no event, however, shall Tenant remove any of the following materials or equipment (which shall be deemed Landlord’s property) without Landlord’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and decorations.
Appears in 2 contracts
Sources: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations A. Subject to the Premises limitations that no substantial portion of the building on the demised premises shall be demolished or removed by Lessee without Landlord’s the prior, express, and written consent of the Lessor, (which consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding anything ) and, if necessary, of any mortgagee, Lessee may at any time during the lease term, subject to the conditions set forth in this Section 6.05 to the contrarybelow and at its own expense, Tenant shall have the right, at Tenant’s expense and without make any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modificationsor improvements in and to the demised premises and the building. Alterations shall be performed in a satisfactory manner and shall not weaken or impair the structural strength, renovationsor lessen the value of the building on the demised premises, improvements or installationschange the purposes for which the building, not to exceed or any part of the amount of Twenty-Five Thousand and no/100 Dollars ($25,000.00) per project (the “Non-Structural Alterations”) as building, may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors of Tenant’s choiceused.
(b) If Tenant makes B. Conditions with respect to alterations, additions, or improvements are as follows: Before commencement of any alterations to work, all plans and specifications shall be filed with and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest in such matters, and all work shall be done in accordance with the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation requirements of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibilitylocal regulations.
(c) C. All alterations, additions, and improvements will be accomplished on or in a good and workmanlike manner and in conformity with all applicable laws and regulations. ▇▇▇▇▇▇▇▇’s approval the demised premises at the commencement of the plansterm, specifications and working drawings for Tenant’s structural alterations which may be erected or installed during the term, shall create no responsibility for liability on the become part of Landlord the demised premises and become the sole property of Lessor, except that all movable trade fixtures or signs installed by the Lessee shall be and remain the property of Lessee.
D. At the onset of this lease and during the course of this lease, Lessee shall have the right to erect signs for their completeness, design, sufficiency, or compliance its business upon the condition that such signs meet the standards and are approved by and are consistent with all laws, rules and regulations applicable City of governmental agencies or authorities. Upon completion of the construction of any structural improvements, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materialsParkersburg Zoning ordinances.
Appears in 1 contract
Sources: Lease Agreement (TRX Inc/Ga)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations to the Premises without Landlord’s consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything set forth in this Section 6.05 to the contrary, Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modificationsor improvements to the Property without Landlord’s prior written consent, renovations, improvements or installations, except for non-structural alterations which do not to exceed the amount of Twenty-Five Twenty Thousand and no/100 Dollars ($25,000.0020,000.00) per project (in cost annually and which are not visible from the “Non-Structural Alterations”outside of any building of which the Property is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Section 6.05(a) as may be necessary or desired by Tenant for Tenantupon Landlord’s use and operation of the Premises and using contractors of Tenant’s choice.
(b) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) written request. All alterations, additions, and improvements will shall be accomplished done in a good and workmanlike manner and manner, in conformity with all applicable laws and regulations. ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritiesby a contractor approved by Landlord. Upon completion of the construction of any structural improvementssuch work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay, when due, all claims for labor and material furnished to the Property. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property (other than in connection with maintenance and minor repairs), regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Property.
(c) Tenant may, without Landlord’s further consent, install at Tenant’s cost any reasonable security system for the Property as Tenant reasonably determines. However, Tenant shall provide Landlord with prior written notice of the installation of any such security system, which notice shall include a description of Tenant’s security plans. In no event shall the provisions of this Section 6.05(c) invalidate or otherwise render ineffective all or any portion of any other provision of this Lease.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Tenant shall not make or allow to be made any alterations alterations, additions or improvements in or to the Leased Premises without first obtaining the written consent of Landlord’s consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything set forth in this Section 6.05 to the contrary, Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modifications, renovations, improvements or installations, not to exceed the amount of Twenty-Five Thousand and no/100 Dollars ($25,000.00) per project (the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors of Tenant’s choice.
(b) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) All alterations, additions, and improvements will be accomplished in a good and workmanlike manner and in conformity with all applicable laws and regulations. ▇▇▇▇▇▇▇▇’s consent will not be unreasonably withheld with respect to proposed alterations, additions and/or improvements which (i) comply with the CC&R’s and all applicable laws, ordinances, rules and regulations; (ii) are compatible with and does not adversely affect the Building and its mechanical, telecommunication, electrical, HVAC and life safety systems; (iii) will not affect the structural or exterior portions of the Building; (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant, its employees or invitees; (v) will not trigger any additional costs to Landlord, and (vi) cost less than Ten Thousand Dollars ($10,000.00). Specifically, but without limiting the generality of the foregoing, ▇▇▇▇▇▇▇▇’s right of consent shall encompass plans and specifications for the proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with ▇▇▇▇▇▇’s request for consent hereunder.
(b) Any consent given by Landlord under this Section 5.7 shall be deemed conditioned upon: (i) Tenant’s acquiring all applicable permits required by governmental authorities; (ii) Tenant’s furnishing to Landlord copies of such permits, together with copies of the approved plans and specifications, prior to commencement of the work thereon; and (iii) the compliance by Tenant with the conditions of all applicable permits and approvals in a prompt and expeditious manner. Tenant shall pay all reasonable out-of-pocket costs incurred by Landlord in the evaluation of the plans and specifications, including, but not limited to, ▇▇▇▇▇▇▇▇’s general contractor’s, architects’ and engineers’ fees. In addition, as a condition to Landlord’s granting of its consent to any alterations, additions, or improvements, Landlord shall have the right to (1) require that such work be performed by ▇▇▇▇▇▇▇▇’s designated contractors and subcontractors, or (if Landlord does not so require that such work be performed by ▇▇▇▇▇▇▇▇’s designated contractors and subcontractors) Landlord shall have the right to approve the contractor and subcontractors performing such alterations, additions, or improvements, such approval not to be unreasonably withheld or delayed (provided that in any event Building standard subcontractors shall be used for work on Building roof, exterior, mechanical and utility systems), and (2) require that Tenant furnish assurances satisfactory to Landlord that all contractors and subcontractors who will perform such work have in force all insurance required under Section 7.3, and such other insurance as Landlord reasonably deems necessary to supplement the insurance coverage provided for in Section 7.3. In the event Landlord elects to have any alterations, additions, or improvements to the Leased Premises performed by ▇▇▇▇▇▇▇▇’s designated contractors and subcontractors, Landlord shall be entitled to charge Tenant a five percent (5%) administration fee in addition to the actual costs of labor and materials provided. Such costs and fees shall be deemed Additional Rent under this Lease, and may be charged and payable prior to commencement of the work.
(c) Tenant shall provide Landlord with not less than fifteen (15) days prior written notice of commencement of the work so as to enable Landlord to post and record appropriate notices of non-responsibility. All alterations and additions permitted hereunder shall be made and performed by Tenant without cost or expense to Landlord and in strict accordance with plans and specifications approved by Landlord. Tenant shall pay the contractors, subcontractors and suppliers all amounts due to them when due and keep the Leased Premises and the Project free from any and all mechanics’, materialmen’s and other liens and claims arising out of any work performed, materials furnished or obligations incurred by or for Tenant. Landlord may require, at its sole option, that Tenant provide to Landlord, at Tenant’s expense, a lien and completion bond in an amount equal to the total estimated cost of any alterations, additions or improvements to be made in or to the Leased Premises, to protect Landlord against any liability for mechanics’, materialmen’s and other liens and claims, and to ensure timely completion of the work. Any mechanics’ liens filed against the Leased Premises or against the Building or the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within thirty (30) days after the filing thereof, at ▇▇▇▇▇▇’s sole cost and expense.
(d) Any and all alterations, additions or improvements made to the Leased Premises by Tenant shall become the property of Landlord upon installation and shall be surrendered to Landlord without compensation to Tenant upon the termination of this Lease by lapse of time or otherwise unless (i) Landlord conditioned its approval of the planssuch alterations, specifications and working drawings for additions or improvements on Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiencyagreement to remove them, or (ii) if Tenant did not provide a Removal Determination Request (as defined below), Landlord notifies Tenant prior to (or promptly after) the Term Expiration Date that the alterations, additions and/or improvements must be removed, in which case Tenant shall, by the Term Expiration Date, remove such alterations, additions and improvements, repair any damage resulting from such removal and restore the Leased Premises to their condition existing prior to the date of installation of such alterations, additions and improvements, ordinary wear and tear excepted. Prior to making any alterations, additions or improvements to the Leased Premises, Tenant may make a written request that Landlord determine in advance whether or not Tenant must remove such alterations, additions or improvements on or prior to the Term Expiration Date or any earlier termination of this Lease (“Removal Determination Request”). Notwithstanding anything to the contrary set forth above, this clause shall not apply to movable equipment or furniture owned by Tenant. Tenant shall repair at its sole cost and expense all damage caused to the Leased Premises and the Project by removal of Tenant’s movable equipment or furniture and such other alterations, additions and improvements as Tenant shall be required or allowed by Landlord to remove from the Leased Premises.
(e) All alterations, additions and improvements permitted under this Section 5.7 shall be constructed diligently, in a good and workmanlike manner with new, good and sufficient materials and in compliance with the CC&R’s and all applicable laws, ordinances, rules and regulations of governmental agencies or authorities(including, without limitation, building codes and those related to accessibility and use by individuals with disabilities, including, but not limited to the ADA). Upon Tenant shall, promptly upon completion of the construction of any structural improvementswork, Tenant shall provide furnish Landlord with “as built” plansdrawings for any alterations, copies of all construction contractsadditions or improvements performed under this Section 5.7.
(f) Tenant shall have the right to install a wireless intranet, internet, and proof communications network (also known as “Wi-Fi”) within the Leased Premises for the use of payment for Tenant and its employees (the “Network”) subject to this subsection and all labor the other clauses of this Lease as are applicable. Tenant shall not solicit, suffer, or permit other tenants or occupants of the Building to use the Network or any other communications service, including, without limitation, any wired or wireless internet service that passes through, is transmitted through, or emanates from the Leased Premises. Tenant agrees that Tenant’s communications equipment and materialsthe communications equipment of Tenant’s service providers located in or about the Leased Premises, including, without limitation, any antennas, switches, or other equipment (collectively, “Tenant’s Communications Equipment”) shall be of a type and, if applicable, a frequency that will not cause radio frequency, electromagnetic, or other interference to any other party or any equipment of any other party including, without limitation, Landlord, other tenants, or occupants of the Building or any other party. In the event that ▇▇▇▇▇▇’s Communications Equipment causes or is believed to cause any such interference, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary, at ▇▇▇▇▇▇’s sole cost and expense, to correct and eliminate the interference. If the interference is not eliminated within 24 hours (or a shorter period if ▇▇▇▇▇▇▇▇ believes a shorter period to be appropriate) then, upon request from Landlord, Tenant shall shut down the Tenant’s Communications Equipment pending resolution of the interference, with the exception of intermittent testing upon prior notice to and with the approval of Landlord.
Appears in 1 contract
Sources: Office Building Lease (Aquinox Pharmaceuticals, Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations alterations, additions, or improvements to the Premises without Landlord’s consent which consent shall not be unreasonably withheld, conditioned or delayed's prior written consent. Notwithstanding anything set forth in this Section 6.05 to the contrary, Tenant shall have deliver to Landlord, for Landlord's approval prior to any construction, a complete set of plans and specifications for the rightproposed alterations, at Tenant’s expense additions or improvements, copies of contracts with general contractors, evidence of contractor's insurance and without bonds, and all necessary permits for such construction. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modifications, renovations, or improvements or installations, not to exceed the amount constructed in violation of Twenty-Five Thousand and no/100 Dollars ($25,000.00) per project (the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors of Tenant’s choice.this Section 6.05
(ba) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) upon Landlord's written request. All alterations, additions, and improvements will be accomplished in a good and workmanlike manner and manner, in conformity with all applicable laws Laws, and regulationsby a contractor approved by Landlord. ▇▇▇▇▇▇▇▇’s Landlord's approval of the plans, specifications and working drawings for Tenant’s structural 's alterations shall create no responsibility for or liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Upon completion of the construction of any structural improvementssuch work, Tenant shall provide Landlord with “"as built” " plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay when due all claims for labor and material furnished to the Premises. Tenant shall give Landlord at least ten (10) days prior written notice of the commencement of any work on the Premises. Landlord may elect to record and post notices of non-responsibility on the Premises.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Spintek Gaming Technologies Inc \Ca\)
Alterations, Additions, and Improvements. (a) Tenant A. Lessee shall not make any alterations alterations, additions or Improvements to the Premises without LandlordLessor’s prior written consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything (as set forth in this Section 6.05 to the contraryparagraph B1 below), Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such non-except for non- structural alterations, additions, modifications, renovations, improvements or installations, alterations which do not to exceed the amount of Twenty-Five Fifteen Thousand and no/100 Dollars ($25,000.0015,000) per project (in cost cumulatively over the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use Term and operation any Renewal Term and which are not visible from the outside of the Premises and using contractors of Tenant’s choice.
(b) If Tenant makes Building on or included within the Premises. Lessee shall promptly remove any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) All alterations, additions, and improvements will be accomplished additions or Improvements constructed in a good and workmanlike manner and in conformity with all applicable laws and regulations. ▇▇violation of this paragraph upon ▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritieswritten request. Upon completion of the construction of any structural improvementssuch work, Tenant Lessee shall provide Landlord Lessor with “as as-built” plans, copies of all construction contracts, and proof of payment for all labor and materials.
B. Any alteration, addition, or improvement to the Premises by Lessee shall be in strict compliance with the provisions of this paragraph.
1. All work shall be completed at Lessee’s sole expense (and payment personally guaranteed by ▇▇▇▇▇▇) pursuant to plans and specifications prepared by an architect licensed in the state of Colorado approved by ▇▇▇▇▇▇ and employed by Lessee at Lessee’s expense. After all plans have been approved by Lessor (which approval shall not be unreasonably withheld, except for the determination that planned work is not in the general style of the existing Building, as to which Lessor may withhold approval in Lessor’s sole discretion), work shall be commenced and completed with due diligence and in substantial conformity with the approved plans and specifications. Any deficiency in design or construction shall be Lessee’s sole responsibility. All plans, specifications, and work shall be in strict compliance with all applicable governmental laws, rules, regulations, and codes and shall not adversely affect any of the Premises systems, such as heating, ventilation and cooling systems.
2. No representations are made by Lessor with respect to zoning, building, regulations, location, availability, or adequacy of utilities required for any alteration or improvement of the Premises.
3. Lessee, at Lessee’s expense, shall obtain all permits and pay all fees required for the completion of any such work and provide proof of the same to Lessor upon request.
4. All materials shall be new, all workmanship and materials shall be of first-class quality, and all individuals performing services or providing materials shall be duly licensed and skilled in their profession or trade.
5. In all aspects of any alterations, Lessee shall use its best efforts to minimize interference with the regular operation of the Premises (such as constructing alterations during low visitor months), including without limitation, noise, dust, accumulation of waste, or storage of materials outside the Premises.
6. Lessee shall assure that all workers shall be covered by workers’ compensation insurance to the extent required by law and provide proof of the same to Lessor upon request.
7. Title to all alterations, additions, improvements (excluding trade fixtures) constructed shall vest in Lessor upon completion of construction free and clear of any liens or claims of Lessee or any other person or entity.
8. Lessor may place its supervisory personnel or representatives on the job during the course of construction, at ▇▇▇▇▇▇’s expense, for the purposes of making inspections and insuring compliance with these conditions. Despite anything to the contrary stated elsewhere, Lessor may at any time during the course of work impose such other restrictions, rules or conditions as may be necessary to ensure proper completion of the work and to minimize interference with operation of the Premises.
9. Prior to commencement of work, the general contractor shall secure builder’s risk insurance and a corporate surety performance bond with ▇▇▇▇▇▇ and ▇▇▇▇▇▇ as additional named insureds in an amount not less than 100% of the value of the work. In addition, ▇▇▇▇▇▇ shall indemnify and hold Lessor and any mortgagee harmless from and against all claims, damages, actions, losses, liabilities, and expenses of every nature (including, without limitation, reasonable attorney fees) asserted against or incurred by Lessor or any mortgagee arising from or related to the work contemplated by this provision.
C. Lessee shall pay when due all claims for labor and material furnished to the Premises. Despite anything to the contrary stated elsewhere in this Lease, Lessee shall give Lessor at least ten (10) day’s prior written notice of the commencement of any work on the Premises for which a mechanic’s or materialmen’s lien could be claimed. Lessor may elect to record and post notices of non-responsibility on the Premises. If, in connection with any work being performed by Lessee or in connection with any materials being furnished to Lessee, any mechanic’s lien or other lien or charge shall be filed or made against the Premises or any part or interest in it, or any buildings or improvements now or hereafter erected and maintained, or on any appurtenances, or if any such lien or charge shall be filed or made against Lessor as owner, then Lessee, at Lessee’s cost and expense, within thirty (30) days after such lien or charge shall have been filed or made, shall cause the same to be canceled and discharged of record by payment thereof or filing of a bond or otherwise, and shall also defend, at ▇▇▇▇▇▇’s sole cost and expense, any action, suit, or proceeding which may be brought for the enforcement of such lien or charge, and shall pay any damages incurred by or asserted against Lessor and shall satisfy and discharge any judgment entered therein. If Lessee fails to discharge within the above mentioned 30- day period any mechanic’s lien or charge herein required to be paid or discharged by Lessee, Lessor may pay such items or discharge such liability by payment or bond, or both, and Lessee will repay to Lessor upon demand any and all amounts paid by Lessor therefor, or by reason of any liability on any cash bond, and also any and all incidental expenses, including attorney’s fees in a reasonable amount, incurred by Lessor in connection therewith, together with interest thereon; provided, however, Lessee shall have the right to contest any such mechanic’s lien or other lien, provided that Lessee (1) diligently continues such contest in good faith, and (2) deposits or delivers to Lessor satisfactory indemnification or other security reasonably satisfactory to Lessor. If any improvement, alteration, structural modification, or addition to any portion or improvement of the Premises is required subsequent to the commencement of the Term or any Renewal Term by any change in laws, ordinances, rules, regulations, or orders of any governmental or quasi-governmental authority having jurisdiction over the Premises, Lessee shall make such improvement, alteration, modification, or addition, and Rent may be accordingly offset for Lessee’s Improvements as more fully described above. Should Lessee fail to make the required improvement, alteration, modification, or addition within thirty days following receipt of written notice from Lessor, Lessor may, at its option, make the required improvement, alteration, modification, or addition and adjust the Rent so that Lessee pays the cost of such improvement, alteration, modification, or addition.
Appears in 1 contract
Alterations, Additions, and Improvements. (See Addendum Section 21)
(a) Tenant shall not make any alterations to the Premises without Landlord’s consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything set forth in this Section 6.05 to the contrary, Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modificationsor improvements to the Property without Landlord's prior written consent, renovations, improvements or installations, except for non-structural alterations which do not to exceed the amount of Twenty-Five exceeded Ten Thousand and no/100 Dollars ($25,000.0010,000) per project (in cost cumulatively over the “Non-Structural Alterations”) Lease Term and which are not visible from the outside of any building of which the Property is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord if Tenant's financial status deteriorates below its status as may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors Commencement Date. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of Tenant’s choice.this Paragraph 6.05
(ba) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) upon Landlord's written request. All alterations, additions, and improvements will shall be accomplished done in a good and workmanlike manner and manner, in conformity with all applicable laws and regulations. ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritiesby a contractor approved by Landlord. Upon completion of the construction of any structural improvementssuch work, Tenant shall provide Landlord with “"as built” " plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay when due all claims for labor and material furnished to the Property. Tenant shall give Landlord at least twenty (20) days' prior written notice of the commencement of any work on the Property, regardless of whether Land▇▇▇▇'▇ ▇onsent to such work is required. Landlord may elect to record and post notices of non-responsibility on the Property.
Appears in 1 contract
Sources: Lease Agreement (Skechers Usa Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations alterations, additions, or improvements to the Premises without Landlord’s consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything set forth in this Section 6.05 to the contrary, Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s 's prior written consent, to make such except for non-structural alterations which do not exceed Five Thousand Dollars ($5,000) cumulatively over the Lease Term, which are not visible from the outside of the Premises and which comply with all Rules and Regulations, Building Regulations and Landlord's structural, engineering and design requirements for the Building. Tenant shall deliver to Landlord at least ten (10) days' prior written notice of the commencement of any work on the Premises. Landlord may require Tenant to provide payment and performance bonds in form and amount satisfactory to Landlord. Landlord may elect to record and post notices of nonresponsibility on the Premises of the Building. Upon Landlord's written request Tenant shall promptly remove any alterations, additions, modifications, renovations, or improvements or installations, not to exceed the amount constructed in violation of Twenty-Five Thousand and no/100 Dollars ($25,000.00) per project (the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors of Tenant’s choice.
(b) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) Section. All alterations, additions, additions and improvements will shall be accomplished at Tenant's sole cost and expense in a good and workmanlike manner and manner, in conformity with all applicable laws and regulationsregulations and by a contractor approved by Landlord. ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Upon completion of the construction of any structural improvementsAs soon as reasonably practicable, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. Promptly upon completion of any such work, Tenant shall provide Landlord with "as built" plans. Tenant shall promptly pay when due all claims for labor and materials furnished to the Premises. Tenant shall save and hold the Landlord free and harmless (including reasonable attorney's fees and costs) from any and all claims for labor and materials and shall cause any mechanic's lien to be immediately removed from the Project and shall post with Landlord from a licensed surety acceptable to Landlord such indemnifications and/or bonds regarding any mechanic's lien as Landlord shall require.
Appears in 1 contract
Sources: Office Lease (Auxilio Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not make or allow its agents, employees, contractors, invitees, or licensees to make, any structural alterations or additions in or to the Leased Premises or any nonstructural alterations or additions with an estimated cost of more than Twenty-Five Thousand Dollars ($25,000) (collectively "Alterations") without first obtaining the written consent of Landlord’s consent , which consent shall not be unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding anything set forth in this Section 6.05 to , so long as the contrary, Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modifications, renovations, improvements or installations, not to exceed the amount of Twenty-Five Thousand and no/100 Dollars proposed Alterations ($25,000.00i) per project (the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors of Tenant’s choice.
(b) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) All alterations, additions, and improvements will be accomplished in a good and workmanlike manner and in conformity comply with all applicable laws laws, ordinances, rules and regulations; (ii) are reasonably compatible with and do not adversely affect the Building and its mechanical, electrical, heating, ventilation and life safety systems; (iii) will not affect the structural portions of the Building; (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant, its employees or invitees; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, ▇▇▇▇▇▇▇▇’s approval 's right of consent shall encompass plans and specifications for the proposed Alterations, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of the plansAlterations, specifications and working drawings the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with ▇▇▇▇▇▇'s request for consent for any such Alteration. For the purposes herein, the Landlord Improvements and Tenant Improvements set forth in EXHIBIT B hereto shall not constitute Alterations or alterations, additions or improvements under this SECTION 5.07.
(b) Any consent given by Landlord under this SECTION 5.07 shall be deemed conditioned upon: (i) Tenant’s structural alterations shall create no responsibility for liability on the part 's acquiring all applicable permits required by governmental authorities; (ii) Tenant's furnishing to Landlord copies of Landlord for their completenesssuch permits, design, sufficiency, or compliance together with all laws, rules and regulations of governmental agencies or authorities. Upon completion copies of the construction approved plans and specifications, prior to commencement of any structural improvements, the work thereon; and (iii) the compliance by Tenant with the conditions of all applicable permits and approvals in a prompt and expeditious manner.
(c) Tenant shall provide Landlord with “not less than fifteen (15) days prior written notice of commencement of the work so as to enable Landlord to post and record appropriate notices of non-responsibility. All alterations and additions permitted under this SECTION 5.07, including Alterations, shall be made and performed by Tenant without cost or expense to Landlord. Tenant shall pay the contractors and suppliers all amounts due to them when due and keep the Leased Premises and the Project free from any and all mechanics', materialmen's and other liens and claims arising out of any work performed, materials furnished or obligations incurred by or for Tenant; provided, however, that nothing herein shall prevent Tenant from contesting any such amounts due or any such liens placed if Tenant provides any required bond therefor. For any Alteration, Landlord may require, at its sole option, that Tenant provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to the total estimated cost of any alterations, additions or improvements to be made in or to the Leased Premises, to protect Landlord against any liability for mechanics', materialmen's and other liens and claims, and to ensure timely completion of the work. In the event any alterations or additions to the Leased Premises are performed by Landlord hereunder, whether by prearrangement or otherwise, Landlord shall be entitled to charge Tenant a ten percent (10%) administration fee in addition to the actual costs of labor and materials provided. Such costs and fees shall be deemed Additional Rent under this Lease, and may be charged and payable prior to commencement of any work by Landlord.
(d) Any and all alterations, additions or improvements, including Alterations, made to the Leased Premises by Tenant shall become the property of Landlord upon installation and shall be surrendered to Landlord without compensation to Tenant upon the termination of this Lease by lapse of time or otherwise unless (i) Landlord conditioned its approval of such Alterations on Tenant's agreement to remove them, or (ii) if Tenant did not provide a Removal Determination Request (as defined below), Landlord notifies Tenant prior to (or promptly after) the Term Expiration Date that the alterations, additions and/or improvements must be removed, in which case Tenant shall, by the Term Expiration Date (or promptly thereafter), remove such Alterations and repair any damage resulting from such removal and restore the Leased Premises to their condition existing prior to the date of installation of such Alterations. Prior to making any alterations, additions or improvements to the Leased Premises, Tenant may make a written request that Landlord determine in advance whether or not Tenant must remove such alterations, additions or improvements on the Term Expiration Date ("Removal Request Determination").
(e) Notwithstanding anything to the contrary set forth in this Lease, this SECTION 5.07 shall not apply to the installation and removal of trade fixtures, movable equipment or furniture owned by Tenant. Tenant shall repair at its sole cost and expense all damage caused to the Leased Premises and the Project by installation and removal of Tenant's trade fixtures, movable equipment or furniture.
(f) All alterations, additions and improvements permitted under this SECTION 5.07 shall be constructed diligently, in a good and workmanlike manner with new, good and sufficient materials and in compliance with all applicable laws, ordinances, rules and regulations (including, without limitation, building codes and those related to accessibility and use by individuals with disabilities). Tenant shall, promptly upon completion of the work, furnish Landlord with "as built” plans" drawings for any alterations, copies of all construction contracts, and proof of payment for all labor and materialsadditions or improvements performed under this SECTION 5.07.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations to the Premises without Landlord’s consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything set forth in this Section 6.05 to the contrary, Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modificationsor improvements to the Property (“Tenant’s Alterations”) without Landlord’s prior written consent, renovations, improvements or installations, except that no consent shall be required for non-structural interior alterations that (i) do not to exceed the amount of Twenty-Five Fifty Thousand and no/100 Dollars ($25,000.0050,000.00) per project in cost; (ii) are not visible from the “Non-Structural Alterations”outside of the Building; and (iii) as may be necessary do not alter or desired by Tenant for penetrate the floor slab or the roof membrane. If there has been a material decrease in Tenant’s use financial condition, Landlord may require Tenant to provide demolition and/or lien and operation of the Premises completion bonds in form and using contractors of amount satisfactory to Landlord. Tenant shall promptly remove any Tenant’s choice.
(bAlterations constructed in violation of this Section 6.05(a) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations upon Landlord’s written request. All Tenant’s Alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) All alterations, additions, and improvements will be accomplished performed in a good and workmanlike manner and manner, in conformity with all applicable laws Applicable Laws, and regulations. ▇▇▇▇▇▇▇▇’s approval of the plans, specifications all contractors and working drawings for Tenant’s structural alterations subcontractors shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritiesbe approved by Landlord. Upon completion of the construction of any structural improvementssuch work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. Notwithstanding anything to the contrary in this Section, Tenant must obtain Landlord’s prior written consent for any Tenant’s Alterations that will (or may) be visible from the outside of the Building. Landlord shall have the right, in its sole discretion, to determine the location of any such visible Tenant’s Alterations and require the screening of such items at Tenant’s sole cost and expense.
(b) Tenant shall pay when due all claims for labor and material furnished to the Property by or at the request of Tenant at or for use of the Property. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2013) (the “Posted Security Requirements”). Concurrently with Landlord’s delivery of this Lease to Tenant for execution, Landlord may elect to provide Tenant with a separate written notice of the Posted Security Requirements, which shall include an acknowledgement of Tenant (the “Notice and Acknowledgement”). If so provided, Tenant agrees to promptly sign and return the Notice and Acknowledgment to Landlord; provided, however, that Tenant acknowledges and agrees that under no circumstances shall such Notice and Acknowledgement or the terms of this Section 6.05 be construed as Landlord’s consent to or approval of any Tenant’s Alterations. Landlord may elect to record and post notices of non-responsibility on the Property.
(c) To the extent Landlord’s prior consent is required by this Section 6.05, Landlord may condition its consent to any proposed Tenant’s Alterations on such requirements as Landlord, in its reasonable discretion, deems necessary or desirable, including without limitation: (i) Tenant’s submission to Landlord, for Landlord’s prior written approval, of all plans and specifications relating to Tenant’s Alterations; (ii) Landlord’s prior written approval of the time or times when Tenant’s Alterations are to be made; (iii) Landlord’s prior written approval of the contractors and subcontractors performing Tenant’s Alterations; (iv) Tenant’s written notice of whether Tenant’s Alterations include the use or handling of any Hazardous Materials; (v) Tenant’s obtaining, for Landlord’s benefit and protection, of such insurance as Landlord may reasonably require (in addition to that required under Section 4.04 of this Lease); (vi) Tenant’s strict compliance with the requirements of Nev. Rev.
Appears in 1 contract
Sources: Industrial Lease (Switch, Inc.)
Alterations, Additions, and Improvements. (a) Tenant, for and in consideration of the Lease and the demise of the said premises, hereby agrees and convenants with Landlord, that Tenant shall not make make, or suffer or permit to be made, any alterations to alterations, additions, or improvements whatsoever in or about the Premises said demised premises in excess of $500 per calendar quarter without Landlord’s consent first obtaining the written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything set forth in this Section 6.05 of Landlord therefor; provided, however, that such consent, shall be subject to the contrary, Tenant shall have the right, at Tenant’s expense express condition that any and without any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modifications, renovations, improvements or installations, not to exceed the amount of Twenty-Five Thousand and no/100 Dollars ($25,000.00) per project (the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors of Tenant’s choice.
(b) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) All all alterations, additions, and improvements will shall be accomplished in a good and workmanlike manner done at Tenant's own expense and in conformity accordance and compliance with all applicable laws municipal, state and federal ordinances, laws, rules, and regulations. ▇▇▇▇▇▇▇▇’s approval of , and that Tenant hereby covenants and agrees with Landlord that in doing and performing such work Tenant shall do and perform the planssame at Tenant's own expense, specifications in conformity and working drawings for Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all applicable municipal, state, and federal ordinances, laws, rules rules, and regulations and that no liens of governmental agencies mechanics, material men, labors, architects, artisans contractors, sub-contractors, or authorities. Upon completion of the construction any other lien of any structural improvementskind whatsoever shall be created against or imposed upon the said demised premises, or any part thereof, and that Tenant shall provide indemnify and save harmless Landlord with “as built” plansfrom any and all liability and claims for damages of every kind and nature which might be made or judgments rendered against Landlord or against said demised premises on account of or arising out of such alterations, copies of all construction contractsadditions, and proof of payment for all labor and materialsor improvements.
Appears in 1 contract
Sources: Lease (Autolend Group Inc)
Alterations, Additions, and Improvements. (a) Tenant shall not make any alterations to the Premises without Landlord’s consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything set forth in this Section 6.05 to the contrary, Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such non-structural alterations, additions, modificationsor improvements to the Property without Landlord's prior written consent. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, renovationsadditions, or improvements or installations, not to exceed the amount constructed in violation of Twenty-Five Thousand and no/100 Dollars ($25,000.00) per project (the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors of Tenant’s choice.this Paragraph 6.05
(ba) If Tenant makes any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) upon Landlord's written request. All alterations, additions, and improvements will be accomplished in a good and workmanlike manner and manner, in conformity with all applicable laws and regulations. ▇▇▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritiesby a contractor approved by Landlord. Upon completion of the construction of any structural improvementssuch work, Tenant shall provide Landlord with “as built” built plans, copies of all construction contracts, and proof of payment for all labor and materials.
(b) Tenant shall pay when due all claims for labor and material furnished to the Property and shall not permit the filing of any mechanic's lien or other lien in connection with any alterations, additions, or improvements. Tenant shall give Landlord at least fifteen (15) days' prior written notice of the commencement of any work on the Property. Landlord may elect to record and post notices of non-responsibility on the Property. If a mechanic's lien or other lien is filed against the Property or the Project and Tenant fails to timely discharge such lien, Landlord may, without waiving its rights and remedies based on such breach of Tenant and without releasing Tenant from any of its obligations, cause such liens to be released by any means it shall deem proper, including payment in satisfaction of the claim giving rise to such lien. Tenant shall pay to Landlord within thirty (30) days following notice by ▇▇▇▇▇▇▇▇, any sum paid by Landlord to remove such liens, together with interest at landlord's cost of money from the date of such payment by Landlord.
Appears in 1 contract
Alterations, Additions, and Improvements. (a) Tenant A. Lessee shall not make any alterations alterations, additions or Improvements to the Premises without LandlordLessor’s prior written consent which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything (as set forth in this Section 6.05 to the contraryparagraph B1 below), Tenant shall have the right, at Tenant’s expense and without any requirement of obtaining Landlord’s consent, to make such non-except for non- structural alterations, additions, modifications, renovations, improvements or installations, alterations which do not to exceed the amount of Twenty-Five Fifteen Thousand and no/100 Dollars ($25,000.0015,000) per project (in cost cumulatively over the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use Term and operation any Renewal Term and which are not visible from the outside of the Premises and using contractors of Tenant’s choice.
(b) If Tenant makes Building on or included within the Premises. Lessee shall promptly remove any alterations to the Premises as provided in this Paragraph, the alterations shall not be commenced until 10 days after ▇▇▇▇▇▇▇▇ has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility.
(c) All alterations, additions, and improvements will be accomplished additions or Improvements constructed in a good and workmanlike manner and in conformity with all applicable laws and regulations. ▇▇violation of this paragraph upon ▇▇▇▇▇▇’s approval of the plans, specifications and working drawings for Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritieswritten request. Upon completion of the construction of any structural improvementssuch work, Tenant Lessee shall provide Landlord Lessor with “as as-built” plans, copies of all construction contracts, and proof of payment for all labor and materials.
B. Any alteration, addition, or improvement to the Premises by Lessee shall be in strict compliance with the provisions of this paragraph.
1. All work shall be completed at Lessee’s sole expense (and payment personally guaranteed by ▇▇▇▇▇▇) pursuant to plans and specifications prepared by an architect licensed in the state of Colorado approved by ▇▇▇▇▇▇ and employed by Lessee at Lessee’s expense. After all plans have been approved by Lessor (which approval shall not be unreasonably withheld, except for the determination that planned work is not in the general style of the existing Building, as to which Lessor may withhold approval in Lessor’s sole discretion), work shall be commenced and completed with due diligence and in substantial conformity with the approved plans and specifications. Any deficiency in design or construction shall be Lessee’s sole responsibility. All plans, specifications, and work shall be in strict compliance with all applicable governmental laws, rules, regulations, and codes and shall not adversely affect any of the Premises systems, such as heating, ventilation and cooling systems.
2. No representations are made by Lessor with respect to zoning, building, regulations, location, availability, or adequacy of utilities required for any alteration or improvement of the Premises.
3. Lessee, at Lessee’s expense, shall obtain all permits and pay all fees required for the completion of any such work and provide proof of the same to Lessor upon request.
4. All materials shall be new, all workmanship and materials shall be of first-class quality, and all individuals performing services or providing materials shall be duly licensed and skilled in their profession or trade.
5. In all aspects of any alterations, Lessee shall use its best efforts to minimize interference with the regular operation of the Premises (such as constructing alterations during low visitor months), including without limitation, noise, dust, accumulation of waste, or storage of materials outside the Premises.
6. Lessee shall assure that all workers shall be covered by workers’ compensation insurance to the extent required by law and provide proof of the same to Lessor upon request.
7. Title to all alterations, additions, improvements (excluding trade fixtures) constructed shall vest in Lessor upon completion of construction free and clear of any liens or claims of Lessee or any other person or entity.
8. Lessor may place its supervisory personnel or representatives on the job during the course of construction, at ▇▇▇▇▇▇’s expense, for the purposes of making inspections and insuring compliance with these conditions. Despite anything to the contrary stated elsewhere, Lessor may at any time during the course of work impose such other restrictions, rules or conditions as may be necessary to ensure proper completion of the work and to minimize interference with operation of the Premises.
9. Prior to commencement of work, the general contractor shall secure builder’s risk insurance and a corporate surety performance bond with ▇▇▇▇▇▇ and ▇▇▇▇▇▇ as additional named insureds in an amount not less than 100% of the value of the work. In addition, ▇▇▇▇▇▇ shall indemnify and hold Lessor and any mortgagee harmless from and against all claims, damages, actions, losses, liabilities, and expenses of every nature (including, without limitation, reasonable attorney fees) asserted against or incurred by Lessor or any mortgagee arising from or related to the work contemplated by this provision.
C. Lessee shall pay when due all claims for labor and material furnished to the Premises. Despite anything to the contrary stated elsewhere in this Lease, Lessee shall give Lessor at least ten (10) day’s prior written notice of the commencement of any work on the Premises for which a mechanic’s or materialmen’s lien could be claimed. Lessor may elect to record and post notices of non-responsibility on the Premises. If, in connection with any work being performed by Lessee or in connection with any materials being furnished to Lessee, any mechanic’s lien or other lien or charge shall be filed or made against the Premises or any part or interest in it, or any buildings or improvements now or hereafter erected and maintained, or on any appurtenances, or if any such lien or charge shall be filed or made against Lessor as owner, then Lessee, at Lessee’s cost and expense, within thirty (30) days after such lien or charge shall have been filed or made, shall cause the same to be canceled and discharged of record by payment thereof or filing of a bond or otherwise, and shall also defend, at Lessee’s sole cost and expense, any action, suit, or proceeding which may be brought for the enforcement of such lien or charge, and shall pay any damages incurred by or asserted against Lessor and shall satisfy and discharge any judgment entered therein. If Lessee fails to discharge within the above mentioned 30-day period any mechanic’s lien or charge herein required to be paid or discharged by Lessee, Lessor may pay such items or discharge such liability by payment or bond, or both, and Lessee will repay to Lessor upon demand any and all amounts paid by Lessor therefor, or by reason of any liability on any cash bond, and also any and all incidental expenses, including attorney’s fees in a reasonable amount, incurred by Lessor in connection therewith, together with interest thereon; provided, however, Lessee shall have the right to contest any such mechanic’s lien or other lien, provided that Lessee (1) diligently continues such contest in good faith, and
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