ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations. (2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration. (3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises. (4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing. (5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant. (6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both. (7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 5 contracts
Sources: Hangar Lease, Hangar Lease, Hangar Lease
ALTERATIONS AND ADDITIONS. (1) If Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the TenantPremises, during the Term of this Lease or any renewal part thereof, in excess of a value of $5,000.00 without the Leasewritten consent of Landlord first had and obtained and any alterations, desires additions or improvements to make any alterations or additions to the Leased of said Premises, including including, but not limited to; erecting partitions, attaching equipmentwall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the term become a part of the realty and belong to the Landlord and shall be surrendered with the Premises. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, and installing necessary furnishings any contractor or additional equipment person selected by Tenant to make the same must first be approved of in writing by the Landlord. Tenant shall provide Landlord with written notice of the Tenant’s business but not including erecting value and description of alterations, additions or improvements with a new hangar value of $2,000 to $5,000.00. Upon the expiration or any other accessory buildingsooner termination of the term hereof, the Tenant may do so shall, upon written demand by Landlord, given at his own expense provided that any and all alterations or additions least thirty (30) days prior to the Leased Premises made by the Tenant must comply with any requirement end of the Landlord including Schedule “B” term, at Tenant's sole cost and expense, forthwith and with all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of due diligence remove any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by Tenant, designated by Landlord to be removed by written notice to Tenant at the time of Landlord's granting approval for such addition, alteration or improvement (or Landlord's receiving notice from Tenant if the value is $2,000.00 to $5,000.00) and Tenant shall, forthwith and with all due diligence at its sole cost and expense, repair any damage to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or bothsuch removal.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 4 contracts
Sources: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc), Lease (Quokka Sports Inc)
ALTERATIONS AND ADDITIONS. (1) If the TenantLessee shall not, during the Term of this Lease or any renewal of the Leasewithout Lessor's prior written consent, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, improvements, additions, utility installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made inutility repairs, on or about the Premises, Building or Presto Facility. Should Lessee make any alterations, improvements, additions or utility installations or repairs without the prior written approval of Lessor, or use a contractor not expressly approved by Lessor, Lessor may, at any time during the term of this Lease, require that Lessee, at Lessee's expense, remove any part or all of the same. If Lessor shall give its consent to Lessee's making such alterations, improvements, additions or utility installations or repairs, the consent shall be conditioned upon Lessee acquiring a permit to do so from the appropriate governmental agencies, furnishing a copy thereof to Lessor prior to the Leased commencement of the work and compliance by Lessee with all conditions of said permit in a prompt and expeditious manner. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises.
(4) No sign, advertisement which claims are or notice shall may be inscribedsecured by any mechanics or materialmen's lien against the Premises, painted or affixed by the TenantBuilding, Presto Facility or any other person on the Tenant’s behalfinterest therein. If Lessee shall, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other signfaith, advertisement contest the validity of any such lien, claim or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agreesdemand, then Lessee shall, at its own expense sole expense, defend itself and by whatever means may be necessary, immediately to obtain Lessor against the release or discharge of same and shall pay and satisfy any encumbrance such adverse judgement that may be registered rendered thereon before the enforcement thereof against the Landlord’s Lessor, the Building, Presto Facility or the Premises. All alterations, improvements, additions and utility installations or repairs shall be made in a good and workmanlike manner and of good and sufficient quality and materials and shall be the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the Lease term. Provided Lessee is not in connection with any additions or alterations default, Lessee's personal property and equipment, other than that which is affixed to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant so that it cannot be removed without material damage to the Leased Premises during the Term and shall repair all damage caused by the installation Premises, Building or the removal or both.
(7) The Tenant Presto Facility, and other than utility installations, shall not bring onto remain the Leased Premises or any part property of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, Lessee and may be removed by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay Lessee subject to the Landlord the cost provisions of restoring the Leased Premises or PropertyParagraph 7.2.
Appears in 3 contracts
Sources: Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc)
ALTERATIONS AND ADDITIONS. (1a) If Lessee shall have the Tenantright, during the Term of this Lease or any renewal of the Leasewithout Lessor's prior written consent, desires to make any alterations alterations, improvements or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or about the Premises, in its sole and absolute discretion, subject to the Leased Premisesterms and conditions of this Lease. In the unlikely event that Lessee does not take title to the Premises at the termination or expiration hereof, Lessor may then reasonably require that Lessee restore the Premises to a condition commensurate with the condition of the Premises as of the Commencement Date, normal wear and tear excepted.
(4b) No signLessee shall acquire all permits, advertisement approvals and authorizations from appropriate governmental agencies in making any alterations, improvements or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalfadditions in, on any part or about the Premises prior to the commencement of the outside of the Hangar unless it is located along the facade of the Hangar’s front work and provided it complies shall comply with the Landlord’s signage requirements terms and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingconditions thereof.
(5c) The Tenant agreesLessee shall ensure that no liens are placed against the Premises by virtue of its conduct during the Term. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises. Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its own expense sole cost and by whatever means may be necessaryexpense, immediately to obtain defend itself and Lessor against the release or discharge of same and shall pay and satisfy any encumbrance such adverse judgment that may be registered rendered thereon before the enforcement thereof against the LandlordLessor or the Premises. Lessee shall indemnify Lessor for any costs (including reasonable attorney’s property fees and costs) incurred by Lessor in connection with responding to, defending and removing liens placed on the Premises for any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenantreason.
(6d) The Tenant shallAll alterations, improvements or additions which may be made on the Premises shall be the property of Lessee and shall remain upon and be surrendered with the Premises at his own expense, if requested by the Landlord, expiration or termination of the Lease. If Lessee determines in its sole and absolute discretion to remove any alterations, improvments or all additions or improvements made by the Tenant to the Leased Premises during the Term additions, it shall do so at its sole cost and shall repair all damage caused by the installation or the removal or bothexpense.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 3 contracts
Sources: Lease and Property Management Agreement (Howmet Aerospace Inc.), Lease and Property Management Agreement (Arconic Corp), Lease and Property Management Agreement (Arconic Rolled Products Corp)
ALTERATIONS AND ADDITIONS. (1a) If The Tenant shall not, without the Tenant, during the Term of this Lease or any renewal prior written consent of the LeaseLandlord, desires Head Lessor and/or relevant Authorities, make or permit to make be made any alterations or additions to or affecting the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings structure or additional equipment exterior of the Tenant’s business but not including erecting a new hangar Premises or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement appearance of the Landlord including Schedule “B” and all applicable building code standards and by-laws of Premises as seen from the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsexterior.
(2b) The Tenant shall pay Rent at not and shall not permit any person to paint or make any additions or alterations or exert any force or load on the rate prescribed curtain wall, its frame structure and all its related parts or to place or affix any structures or articles or materials thereon which would otherwise render the warranty granted in paragraph 3 above based upon the area favour of the Hangar subsequent Landlord in respect of such wall and structure null and void. Alterations and additions for such purpose of this Clause shall include but shall not be limited to any addition or alteration.the following works relating to:
(3i) The Tenant shall be responsible for internal partitions, floors and pay ceilings within the cost Premises;
(ii) electrical wiring, conduits, light fittings and fixtures;
(iii) air conditioning installations, ducts and vents;
(iv) fire protection devices;
(v) all plumbing and gas installations, pipes, apparatus, fittings and fixtures;
(vi) all mechanical and electrical engineering works; and
(vii) painting of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6c) The Tenant shall, in connection with the alterations and additions:
(i) remove all waste material and debris from the Property in a manner satisfactory to the Landlord; and
(ii) make good to the satisfaction of the Landlord all damage to the Property resulting from the execution of the alterations and additions.
(d) The Tenant undertakes to ensure that any such proposed alterations and additions shall be in compliance with all applicable laws and regulations and shall, furnish to the Landlord copies of all necessary permits, consents, licences, certificates and other approvals for the proposed alterations and additions. All planning and other consents necessary or required pursuant to the provisions of any statute, rule, order, regulation or by-law for any alteration or addition to the Premises or any part thereof, shall be applied for and obtained by the Tenant at his the Tenant's own cost and expense, if requested such expenses to be paid immediately by the Tenant when they fall due.
(e) The Tenant shall carry out and complete all alterations and additions to the Premises in accordance with plans, layouts, designs, drawings, specifications and using materials approved by the Landlord in a good and workmanlike manner and in accordance with all planning and other consents referred to in Clause 3.11(d), and in compliance with the reasonable requirements of the Landlord's consultants.
(f) The Tenant shall submit to the Landlord as-built drawings relating to all such alterations, remove any or all additions or improvements made other works. If the Tenant fails to do so, the Landlord shall be entitled to take all action necessary (including engaging consultants to make necessary inspections and to prepare the relevant as-built drawings and making payments to the Tenant's consultants). All costs and expenses so incurred by the Landlord together with interest from the date of expenditure until the date they are paid by the Tenant to the Leased Premises during Landlord shall be recoverable from the Term and shall repair all damage caused by the installation or the removal or bothTenant as if they were rent in arrears.
(7g) The Tenant shall not bring onto effect and maintain at the Leased Premises or any part Tenant's cost and expense, comprehensive risk insurance policies and public liability policies, from the period of the Leased Premises any machinery, equipment or any other thing that might in the opinion commencement of the additions and alterations, with an insurance company in Singapore approved by the Landlord, by reason . Copies of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant such policies shall restore the Leased Premises or Property immediately or pay be furnished to the Landlord by the cost Tenant without demand, prior to the commencement of restoring the Leased Premises additions and alterations.
(h) The Tenant shall indemnify the Landlord against (i) any breach, non-observance or Propertynon-performance in obtaining any of the consents mentioned in Clause 3.11(a) herein and (ii) any claims, losses, damages, demands or actions brought by any person arising out of or incidental to the execution of the additions and alterations.
Appears in 3 contracts
Sources: Tenancy Agreement, Tenancy Agreement (Cyberoptics Corp), Tenancy Agreement (Cyberoptics Corp)
ALTERATIONS AND ADDITIONS. (1) If After completion of the Leasehold Improvements Tenant shall not make any additions, alterations or improvements to the Premises without obtaining the prior written consent of Landlord, which shall not be unreasonably withheld. Landlord’s consent may be conditioned on Tenant’s removing any such additions, during alterations or improvements upon the expiration of the Term of this Lease or any renewal of and restoring the Lease, desires to make any alterations or additions Premises to the Leased Premisessame condition as on the date Tenant took possession. All work with respect to any addition, including but not limited to; erecting partitions, attaching equipmentalteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and installing necessary furnishings such work shall be diligently prosecuted to completion. Landlord may withhold its approval of any alteration, addition, or additional equipment of the Tenant’s business but improvement that requires work which does not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement applicable laws (including, without limitation, the Americans with Disabilities Act of the Landlord including Schedule “B” 1990 and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal regulations issued thereunder) or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any requires other alterations, additions, installations or improvements that any governing authority, municipal, provincial of the Premises or otherwise, may require common areas in order to be made in, on or to the Leased Premisescomply with applicable laws.
(4i) No signTenant shall pay the costs of any work done on the Premises pursuant to this Section 12, advertisement and shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys’ fees and any other expense incurred on account of claims by any person performing work or notice shall be inscribed, painted furnishing materials or affixed by the Tenant, supplies for Tenant or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the claiming under Tenant.
(6ii) The Tenant shallshall keep Tenant’s leasehold interest, at his own expense, if requested by the Landlord, remove and any or all additions or improvements made by which are or become the Tenant to property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the Leased Premises during the Term and shall repair all damage caused by the installation actual commencement of any work for which a claim or the removal or both.
(7) The lien may be filed, Tenant shall not bring onto the Leased Premises or any part give Landlord notice of the Leased Premises any machinery, equipment intended commencement date a sufficient time before that date to enable Landlord to post notices of non-responsibility or any other thing that might notices which Landlord deems necessary for the proper protection of Landlord’s interest in the opinion Premises, Building or the Project, and Landlord shall have the right to enter the Premises and post such notices at any reasonable time..
(iii) Unless their removal is required by Landlord as provided in Section 13, all additions, alterations and improvements made to the Premises shall become the property of Landlord and be surrendered with the Premises upon the expiration of the LandlordTerm; provided, by reason of its hazardous naturehowever, weightTenant’s equipment, size or use, machinery and trade fixtures which can be removed without damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord Premises shall remain the cost property of restoring Tenant and may be removed, subject to the Leased Premises or Propertyprovisions of Section 13.
Appears in 3 contracts
Sources: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)
ALTERATIONS AND ADDITIONS. (a) Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an “Alteration” and collectively as the “Alterations”) to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises, the Building or the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof. Notwithstanding the foregoing, however, Landlord’s approval shall not be required for Alterations to the interior of the Premises, provided that such Alterations (1) do not cost in excess of Fifteen Thousand Dollars ($15,000.00) in any twelve (12) month period, (2) do not affect or require work to be performed on the structural portions of the Building or the Systems serving the Premises and/or the Building or any portion thereof, (3) do not require the issuance of a building or other governmental permit, authorization or approval, (4) do not require work to be performed in portions of the Building outside the Premises in order to comply with applicable Laws, and (5) are consistent with Landlord’s Building standards in effect at the time of installation of the Alterations (“Minor Alterations”). All references in this Lease to “Alterations” shall mean and include Minor Alterations, unless specified to the contrary.
(b) Any Alteration to the Premises shall be at Tenant’s sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. In connection with any Alterations, Tenant shall deliver plans and specifications therefor to Landlord for Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord disapproves of proposed plans or specifications, Landlord shall provide in writing the grounds for such disapproval. As a further condition to giving consent, Landlord may require Tenant to provide Landlord, at Tenant’s sole cost and expense, a payment and performance bond in form reasonably acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such Alterations, to ensure Landlord against any liability for mechanic’s and materialmen’s liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its costs (including, without limitation, the costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall maintain during the course of construction, at its sole cost and expense, builders’ risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming Landlord, Tenant, during the Term Landlord’s Investment Advisers, any property manager designated by Landlord and Landlord’s lenders as additional insureds. The minimum limit of this Lease or any renewal coverage of the Leaseaforesaid policy shall be in the amount of not less than Two Million Dollars ($2,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Two Million Dollars ($2,000,000.00) for injury or death of more than one person in any one accident or occurrence, desires to make any alterations and shall contain a severability of interest clause or additions to the Leased Premisesa cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00).
(c) All Alterations, including including, but not limited to; erecting partitions, attaching equipmentheating, lighting, electrical, air conditioning, fixed partitioning, window coverings, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and installing necessary furnishings shall not be deemed trade fixtures or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory buildingProperty. If requested by Landlord, the Tenant may do so at his own expense provided that any and all alterations or additions will pay, prior to the Leased commencement of construction, an amount determined by Landlord necessary to cover the costs of demolishing such Alterations and/or the cost of returning the Premises made by and the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsBuilding to its condition prior to such Alterations.
(2d) The All telephone systems and/or other related computer or telecommunications equipment or lines must be installed by Tenant shall pay Rent within the Premises, although such installations do not require Landlord’s consent, and, at the rate prescribed in paragraph 3 above based request of Landlord made at any time prior to the expiration of the Term, removed upon the area expiration or sooner termination of this Lease and the Hangar subsequent Premises restored to any addition or alterationthe same condition as before such installation.
(3e) The Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises (i.e., in excess of the heat load for which the existing HVAC system was designed), or if Tenant plans to use any high-power usage equipment in the Premises (i.e., in excess of the electrical load for which the existing electrical system was designed), Tenant shall obtain the written permission of Landlord, which permission shall not be responsible for and unreasonably withheld, conditioned or delayed. Landlord may refuse to grant such permission unless Tenant agrees to pay the cost costs to Landlord for installation of any alterations, additions, installations supplementary air conditioning capacity or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premiseselectrical systems necessitated by such equipment.
(4f) No signTenant agrees not to proceed to make any Alterations, advertisement notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the date Tenant desires to commence construction or notice shall be inscribedinstallation of such Alterations and Landlord has approved such date in writing, painted in order that Landlord may post appropriate notices to avoid any liability to contractors or affixed by the Tenant, or any other person on the material suppliers for payment for Tenant’s behalf, on any part improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingwork.
(5g) The Tenant agreesshall not, at its own expense and by whatever means may be necessaryany time prior to or during the Term, immediately to obtain directly or indirectly employ, or permit the release employment of, any contractor, mechanic or discharge of any encumbrance that may be registered against laborer in the Landlord’s property Premises, whether in connection with any additions Alteration or alterations to otherwise, if it is reasonably foreseeable that such employment will materially interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the Leased Premises made construction, maintenance or operation of the Project by the Landlord, Tenant or in connection with others. In the event of any other activity such interference or conflict, Tenant, upon demand of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any shall cause all contractors, mechanics or all additions laborers causing such interference or improvements made by conflict to leave the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or bothProject immediately.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 2 contracts
Sources: Warehouse/Industrial Lease Agreement, Warehouse/Industrial Lease Agreement (Corsair Components, Inc.)
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Leaseit, desires to make any alterations or additions to the Leased Premises, including but not limited to; : erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building's business, the Tenant may do so at his its own expense provided that expense, at any time and from time to time, if the following conditions are met:
(a) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval;
(i) and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as such on the plan; and
(b) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s 's behalf, on any part of the outside or visible from the outside of the Hangar building in which the Premises are located unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingLandlord. All signs existing as of the date hereof are approved by the Landlord.
(53) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant.
(4) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s 's property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(5) If the Tenant has complied with its obligations according to the provisions of this Lease, the Tenant may remove its Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that it will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant's Trade Fixtures.
(6) Other than as provided in paragraph 7(6) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances:
(a) the removal is in the ordinary course of business;
(b) the Trade Fixture has become unnecessary for the Tenant's business or is being replaced by a new or similar Trade Fixture; or
(c) the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
(7) The Tenant shall, at his its own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) 8) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or overload the Property. If floors of the Leased Premises, and if the Premises or Property are damaged or overloaded the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyPremises.
Appears in 2 contracts
Sources: Lease (Commercial), Lease
ALTERATIONS AND ADDITIONS. (1) If Tenant shall not make or allow to be made any alterations, additions or improvements to or of the Tenant, during the Term of this Lease Demised Premises or any renewal part thereof without first obtaining the written consent of Landlord, whose consent shall not be unreasonably withheld, and any alterations, additions or improvements to or of the Lease, desires to make any alterations or additions to the Leased Demised Premises, including including, but not limited to; erecting partitions, attaching equipmentwall covering, paneling and installing necessary furnishings or additional equipment built in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the Tenant’s business but not including erecting a new hangar or any other accessory building, realty and belong to Landlord and shall be surrendered with the Tenant may do so at his own expense provided that any and all alterations or additions Demised Premises. In the event Landlord consents to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost making of any alterations, additions, installations additions or improvements that any governing authorityto the Demised Premises by Tenant, municipal, provincial or otherwise, may require to the same shall be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice by Tenant at Tenant’s sole cost and expense and shall be inscribedcompleted in a good and workmanlike manner, painted or affixed free of any liens. All work performed at the premises shall comply with the building code requirements and Tenant shall acquire all permits required by any governmental agency necessary to perform the Tenant, or any other person work on the Premise. The Landlord shall reasonably cooperate with the tenant in obtaining any required approvals/permits. Upon the expiration or sooner termination of the Term, Tenant shall, upon written demand by Landlord, at Tenant’s behalfsole cost and expense, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements forthwith and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlorddue diligence, remove any or all alterations, additions or improvements made by the Tenant which are designated by Landlord to be removed, and Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Leased Demised Premises during the Term and shall repair all damage caused by the installation or the removal or bothsuch removal.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 2 contracts
Sources: Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)
ALTERATIONS AND ADDITIONS. (1) If Lessee shall not make or allow to be made any alterations, additions or improvements to or of the TenantPremises or any part thereof, during which alteration costs in excess of $25,000, without first obtaining the Term written consent of Lessor, which shall not be unreasonably withheld, conditioned or delayed. Any alteration made to the Leased Premises below the above-referenced threshold amount shall not require Lessor’s prior written consent but shall require written notice from Lessee to Lessor. Any approval by Lessor of, or consent by Lessor to, any plans, specifications or other items to be submitted to and/or reviewed by Lessor pursuant to this Lease shall be deemed to be strictly limited to an acknowledgment of approval or consent by Lessor thereto, and such approval or consent shall not constitute the assumption by Lessor of any renewal responsibility for the accuracy, sufficiency or feasibility of any plans, specifications or other such items and shall not imply any acknowledgment, representation or warranty by Lessor that the design is safe, feasible, structurally sound or will comply with any legal or governmental requirements, with Lessee being responsible for all of the same. Any alterations, physical additions or improvements shall at once become the property of Lessor; provided, however, that within ten (10) business days following Lessee’s request, Lessor shall provide written notice to Lessee (each notice, a “Removal Notice”) whether upon the expiration or earlier termination of the Lease, desires Lessee shall be required to make remove such alteration, addition or improvement (and/or any alterations cabling installed by or additions on behalf of Lessee) in order to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to restore the Leased Premises made to the condition existing on the Commencement Date; provided, however, that Lessor’s failure to provide Lessee with the Removal Notice within the required time period as set forth herein shall be deemed a waiver by the Tenant must comply with Lessor of its right to require Lessee to remove such alteration, addition or improvement (and/or any requirement cabling installed by or on behalf of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which Lessee) from the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area expiration or earlier termination of the Hangar subsequent to any addition or alteration.
(3) The Tenant Lease. Nothing herein shall be responsible for and pay the cost of deemed to waive Lessor’s right to require any such alterations, additions, installations additions or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to removed from the Leased Premises if such alterations, additions or improvements were made by the Tenant Lessee without Lessor’s consent thereto. All costs of any such alterations, additions or improvements shall be borne by Lessee including any reasonable third-party construction management fees incurred by Lessor in connection with therewith. All alterations, additions or improvements must be made in a good, workmanlike manner and in a manner that does not disturb other occupants (i.e., any other activity loud work must be performed during non-business hours) and Lessee must maintain appropriate liability and builder’s risk insurance throughout the construction. Lessee does hereby indemnify and hold Lessor harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the Tenant.
(6) The Tenant shallperformance of any such alterations, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant or on behalf of Lessee, except to the Leased Premises during extent that such claims result from the Term and shall repair all damage caused by the installation negligence or the removal wilful misconduct of Lessor or bothits agents.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 2 contracts
Sources: Contribution and Distribution Agreement (Xpedx Holding Co), Contribution and Distribution Agreement (Xpedx Holding Co)
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease Agreement or any renewal of the Leasethereof, desires to make any alterations or additions to the Leased Premisesleased premises, including but not limited to; carrying out external or internal improvements, erecting partitions, attaching equipment, equipment and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory buildingTenants’ business, the Tenant may do so at his own expense provided that expense, at any time and from time to time if the following conditions are met:
a) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alterations or addition unless the Landlord has approved the plan and the Landlord shall not unreasonably or arbitrarily withhold the approval; and items included in the plan which are regarded by the Tenant as Trade Fixtures shall be designated as such on the plan;
b) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated.
(2c) erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment, the Tenant must first submit to the Landlord, in writing, their proposed alterations or additions. The Tenant shall pay Rent at not proceed to make any alteration or addition without the rate prescribed in paragraph 3 above based upon the area written approval of the Hangar subsequent to any addition or alterationLandlord.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(42) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the inside or outside of the Hangar building in which the Premises are located unless it is located along the facade of Landlord has approved the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingLandlord.
(3) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant’s Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant.
4) If the Tenant has complied with his obligations according to the provisions of this Lease, the Tenant may remove his Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant’s Trade Fixtures.
5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately shall adhere to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term Purchasing and shall repair all damage caused by the installation or the removal or both.
(7) Procurement Policy when undertaking work on municipal property. The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing ensure that might in the opinion of contractors are listed on the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property’s SSHS-Form 1 Approved Contract and Service Providers List.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
ALTERATIONS AND ADDITIONS. (1a) Tenant shall not, without Landlord’s prior written consent, make any alterations, improvements or additions (referred to collectively herein as “Alterations”) in, on or about the Premises. Landlord may require that Tenant remove any or all of said Alterations at the expiration of the Lease Term or such other time at which Tenant ceases to possess the Premises, and restore the Premises to their prior condition. Should Tenant make any Alterations without the prior approval of Landlord, Landlord may require that Tenant immediately remove any or all of such items and/or Landlord may declare a default by Tenant under this Lease. Except in connection with normal interior decorating of the Premises, Tenant shall not place any holes in any part of the Premises, and in no event shall Tenant place in or about the Premises any exterior or interior signs or interior drapes, blinds, or similar items visible from the outside of the Premises without the prior written approval of Landlord. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the “Cosmetic Alterations”), without Landlord’s consent, provided that the aggregate cost of any such alterations does not exceed $50,000.00 in any twelve (12) month period, and further provided that such Cosmetic Alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Building, and (iii) affect the exterior appearance of the Building. Tenant shall give Landlord at least thirty (30) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 10.
(b) Any Alterations in, on or about the Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, the Tenantconsent shall be deemed conditioned upon Tenant acquiring a permit to do the work from appropriate governmental agencies, during the Term furnishing of this Lease a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant with all conditions of said permit and with all specifications in the plans in a prompt and expeditious manner. Tenant shall not permit any of the work to be performed by persons not currently licensed under any applicable licensing laws or regulations pertaining to the types of work to be performed. Landlord shall not be deemed unreasonable in the exercise of its discretion for withholding approval of any Alterations which involve or might affect any structural or exterior element of the Building, any area or element outside of the Premises, or any renewal facility serving any area of the Building outside of the Premises, or which will require unusual expense to re-adapt the Premises to normal office use on the termination or expiration of the Lease, unless in the latter case Tenant either desires to or is required to make any alterations repairs or additions Alterations in accordance with this Lease, Landlord may require Tenant, at Tenant’s sole cost and expense, to obtain and provide to Landlord a lien and completion bond (or such other applicable bond as determined by Landlord) in an amount equal to one and one-half (1-1/2) times the Leased Premisesestimated cost of such improvements, to insure Landlord against liability including but not limited to; erecting partitions, attaching equipment, to liability for mechanic’s and installing necessary furnishings or additional equipment materialmen’s liens and to insure completion of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationswork.
(2c) The Tenant shall pay Rent pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in the rate prescribed in paragraph 3 above based upon Premises, which claims are or may be secured by any mechanic’s or materialmen’s lien against the area of Premises or the Hangar subsequent to any addition or alteration.
(3) The Building. Tenant shall be responsible for and pay give Landlord not less than ten (10) days notice prior to the cost commencement of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made work in, on or about the Premises, and Landlord shall have the right to post notices of non-responsibility in, on or about the Premises as provided by law. Tenant shall have no power or authority to do any act or make any contract which may create or be the basis for any lien upon the interest of Landlord, the Premises or the Building, or any portion thereof. If any mechanics or other lien or any notice of intention to file a lien shall be filed or delivered with respect to the Leased PremisesPremises or the Building, based upon any act of Tenant or of anyone claiming through Tenant, or based upon work performed or materials supplied allegedly for Tenant, Tenant shall cause the same to be canceled and discharged of record within fifteen (15) days after the filing or delivery thereof. If Tenant has not so canceled the lien within fifteen (15) days as required herein, Landlord may pay such amount, and the amount so paid together with interest thereon (at the interest rate set forth in Section 25.4) from the date of payment and all legal costs and charges, including attorneys fees, incurred by Landlord in connection with said payment and cancellation of the lien or notice of intent shall be Additional Rent and shall be payable on the next succeeding date on which an installment of Base Rent is due. Landlord may, at its option and without waiving any of its rights set forth in the immediately preceding sentence, permit Tenant to contest the validity of any such lien or claim, provided that in such circumstances Tenant shall at its expense defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Landlord, the Premises or the Building, provided further that Landlord may at any time require Tenant to deposit with the court exercising jurisdiction over such claim, such amount as may be necessary under applicable statutes to cause the release and discharge of the lien, and if Tenant shall not immediately make such payment upon the request of Landlord, Landlord may make said payment and the amount so paid, together with interest thereon from the date of payment and all legal costs and charges, including attorneys fees, incurred by Landlord in connection with said payment shall be deemed Additional Rent and shall be payable on the next succeeding date on which an installment of Base Rent is due. In addition, Landlord may require Tenant to pay Landlord’s attorney fees and costs in participating in such action if Landlord shall decide it is in its best interest to do so. Nothing herein contained shall be construed as a consent on the part of Landlord to subject the interest and estate of Landlord to liability under any lien law of the state in which the Premises are situated, for any reason or purpose whatsoever, it being expressly understood that Landlord’s interest and estate shall not be subject to such liability and that no person shall have any right to assert any such lien.
(4d) No signUnless Landlord requires their removal, advertisement or notice shall as set forth in Section 10.4(a), all Alterations which may be inscribed, painted or affixed by the Tenant, or any other person made on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expensethe expiration of the Lease Term or such other time at which Tenant ceases to possess the Premises, if requested by become the Landlordproperty of Landlord and remain upon and be surrendered with the Premises. Notwithstanding the provisions of this Section 10.4(d), remove any or all additions or improvements made by the Tenant Tenant’s trade fixtures, personal property, machinery and equipment, other than that which is affixed to the Leased Premises during the Term and shall repair all so that it cannot be removed without material damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord Premises, shall remain the cost property of restoring Tenant and may be removed by Tenant subject to the Leased Premises or Propertyprovisions of Section 10.3 hereof, provided that Tenant is not in default under this Lease at the time Tenant ceases to possess the Premises.
Appears in 2 contracts
Sources: Office Lease (Zendesk, Inc.), Office Lease (Zendesk, Inc.)
ALTERATIONS AND ADDITIONS. (1a) If the Tenant, during the Term of this Lease or any renewal of the Leaseit, desires to make any alterations or additions to the Leased Premises, including but not limited to; : erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building's business, the Tenant may do so at his own expense provided that expense, at any time and from time to time, if the following conditions are met:
(i) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as such on the plan, and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold his approval;
(ii) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4c) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s 's behalf, on any part of the inside or outside of the Hangar building in which the Premises are located unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingsuch approval not to be unreasonably or arbitrarily withheld.
(5d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant.
(e) The Tenant agrees, at its his own expense and by whatever means may be necessary, to immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s 's property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6f) If the Tenant has complied with his obligations according to the provisions of this Lease, the Tenant may remove his Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant's Trade Fixtures.
(g) Other than as provided in Section 7 (f) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances:
(i) the removal is in the ordinary course of business;
(ii) the Trade Fixture has become unnecessary for the Tenant's business or is being replaced by a new or similar Trade Fixture; or
(iii) the Landlord has consented in writing to the removal; but in any case, the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
(h) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7i) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or overload the Property. If floors of the Leased Premises, and if the Premises or Property are damaged or overloaded the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyPremises.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement
ALTERATIONS AND ADDITIONS. 3.15.1 Not to make any alteration or addition to any part of the structure of the Building or the external elevations thereof nor to merge the Demised Premises with any adjoining premises and not to alter or change any of the architectural features (1whether external or internal) If of the Tenant, during Demised Premises.
3.15.2 Not without the Term consent of this Lease the Landlord nor otherwise than in accordance with plans approved by the Landlord (such consent and approval not to be unreasonably withheld) and under the supervision and to the reasonable satisfaction of the Landlord’s Surveyor to make any other alteration or addition in or to the Demised Premises or any renewal part thereof including in particular any Conduits electrical equipment and installations of any description Provided that:
(a) the Landlord may in its proper discretion seek such advice as the Landlord shall require from surveyors and other professional advisers in connection with any such application for consent;
(b) the Landlord may as a condition of giving any such consent and approval require the Tenant to enter into such covenants with the Landlord as the Landlord may reasonably require in regard to the execution of any such works or otherwise;
(c) the Tenant shall if so requested by the Landlord on reasonable prior notice reinstate the Demised Premises at the end or sooner determination of the Lease, desires Term;
(d) the Tenant shall not make any addition or alteration to make the Demised Premises which might weaken the structure of the Building;
(e) in the case of any works of a substantial nature if the Landlord shall so require prior to the commencement of such works the Tenant shall provide adequate security on terms reasonably required by the Landlord in the form of a deposit of money or the provision of a bond to ensure that any alterations which may from time to time be permitted by the Landlord shall be fully completed;
(f) the Landlord may in its absolute discretion refuse its consent to any alteration addition or amendment to the Demised Premises which may be visible from the exterior of the Building;
(g) the Landlord will not unreasonably withhold or delay consent to non- structural internal alterations;
(h) all proposals for any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, Demised Premises shall first be submitted by the Tenant to the Landlord accompanied by all relevant detailed plans, drawings, elevations, sections and specifications and such other information as may do so at his own expense provided that any and all be reasonably required.
3.15.3 All alterations or additions to the Leased electrical equipment and installations of the Demised Premises made shall be carried out in accordance with the terms conditions and recommendations from time to time laid down by the Tenant must comply with any requirement Institution of Electrical Engineers and the regulations of the Landlord including Schedule “B” and all applicable building code standards and by-laws electricity supply authority.
3.15.4 Notwithstanding the foregoing not at any time to commence any development within the meaning of the municipality Planning Acts in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or relation to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with Demised Premises without the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is prior consent which shall not be unreasonably withheld provided that it shall in good workmanlike manner. No other sign, advertisement or notice shall any event be erected unless it has been approved in every respect by reasonable for the Landlord in writing.
(5) The to withhold its consent unless the Landlord shall first be satisfied that the proposed development is properly authorised by law and that the Tenant agrees, at its own expense will indemnify and by whatever means keep the Landlord fully and effectually indemnified from and against any tax charge or levy for which the Landlord may be necessary, immediately to obtain the release or discharge become liable as a result of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made such proposed development being carried out by the Tenant or in connection with any other activity of the Tenant.
(6) 3.15.5 Not without the consent of the Landlord to change or make any application to change the name of the Building from The Tenant shallSchrodinger Building.
3.15.6 Not to install blinds at the Demised Premises other than blinds which are Shade Tech Beta Screen 70, at his own expensecolour BS702 charcoal/grey, if requested by without the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both’s consent.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 2 contracts
Sources: Lease Agreement (Vaccitech PLC), Lease (Vaccitech LTD)
ALTERATIONS AND ADDITIONS. (1See Addendum-Paragraph 28.)
(a) If Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the Tenantestimated cost of such improvements, during the Term of this Lease or to insure Lessor against any renewal liability for mechanic's and materialmen's liens and to insure completion of the Lease, desires to work. Should Lessee make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additionsimprovements, installations additions or improvements that any governing authorityUtility Installations without the prior approval of Lessor, municipal, provincial or otherwise, Lessor may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, Lessee remove any or all additions or improvements made by of the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or bothsame.
(7b) The Tenant Deleted.
(c) Lessee shall not bring onto pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Leased Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises or any part interest therein. Lessee shall give Lessor not less than ten (10) days' notice prior to the commencement of any work In the Premises, and Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee shall discharge, by bond or otherwise, within ten (10) days after the filing thereof, any mechanic's lien filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to, Lessee. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense, defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Premises, upon condition that Lessor may require Lessee to furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien, claim or demand indemnifying Lessor against liability for the same and holding the Premises free from the effect of such a lien or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys' fees and costs in participating in such an action if Lessor shall decide it is to its best interest to do so.
(d) Unless Lessor requires their removal, as set forth in Paragraph 7.5(a), all alterations, improvements, additions and Utility Installations (whether or not such Utility Installations constitute trade fixtures of Lessee), which may be made on the Premises, shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the Leased Premises any machineryterm. Notwithstanding the provisions of this Paragraph 7.5(d), equipment or any Lessee's machinery and equipment, other thing than that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay which is affixed to the Landlord Premises so that it cannot be removed without material damage to the cost Premises, shall remain the property of restoring Lessee and may be removed by Lessee subject to the Leased Premises or Propertyprovisions of Paragraph 7.2. (See Addendum-Paragraph 28.)
Appears in 2 contracts
Sources: Commercial Lease Agreement (Digital Domain Media Group, Inc.), Commercial Lease Agreement (Digital Domain)
ALTERATIONS AND ADDITIONS. 14.1 Except to the extent provided in Sections 18, 19, and 20 and 24 hereof, Tenant may at any time and from time to time during the term of this Lease, and any extension hereof, at Tenant's own cost and expense, make or permit to be made any alteration, addition, change or improvements of, in or to the Leased Premises or any building located thereon or any part thereof; provided that:
A. For any alterations, additions, changes or improvements involving the structure of the Facility (including interior walls, whether or not load-bearing) involving cost in excess of Fifteen Thousand Dollars ($15,000), the following shall be fully observed and performed by Tenant before the commencement of any work:
(1) There is no existing and unremedied default (subject to applicable notice and cure periods) on the part of Tenant under any of the terms, covenants and conditions herein;
(2) Tenant shall have delivered to Landlord plans and specifications, in sufficient detail to reasonably allow Landlord to make a decision with respect thereto, and shall have obtained Landlord's written approval thereof (which Landlord shall not unreasonably withhold, condition or delay), and any approval required by any and all governmental authorities and departments having jurisdiction. If Landlord shall not have signified its disapproval within thirty (30) calendar days after their delivery, the Tenantplans and specifications shall be deemed to have been approved by Landlord;
(3) Neither Landlord nor the Leased Premises shall be subject to any charge, liability, claim or lien of whatsoever kind or nature by reason thereof; except for any increase in property tax as to the Leased Premises resulting from such improvement;
(4) Tenant shall tender to Landlord such security and assurance of completion for said alterations or changes as shall be commercially reasonable within the industry and reasonably necessary for the particular alterations or changes in question.
B. The following shall be fully observed and performed by the Tenant during the Term work:
(1) The work involved in any such alteration, change or modification shall be performed with diligence and in a first-class workmanlike manner;
(2) All such work, alterations, changes or modifications shall be done subject to, and in accordance with all applicable federal, state and local laws and regulations governing the same; and
(3) Tenant shall procure all necessary permits for the construction of this Lease said changes, alterations, or any renewal modifications and shall deliver to Landlord a final certificate of occupancy or its equivalent as a condition precedent to the use of the Leaseimprovements for their designated purpose.
(4) If any modification requiring Landlord's consent as described above is made without Landlord's consent (pursuant to the procedure described above), desires Tenant shall, before the beginning of the eighth month prior to make any alterations or the end of the Scheduled Lease Term, unless excused in writing by Landlord, restore the condition of the Facility to the condition that existed prior to such change.
14.2 All alterations, changes, additions and modifications to the Leased Premises, including but not limited to; erecting partitionswhen made, attaching erected, constructed, installed or placed upon the Leased Premises, and all machinery, apparatus, equipment, floor coverings and installing necessary furnishings fixtures originally installed or additional equipment as replaced, including without limitation all heating, lighting, and power equipment, pipes, pumps, tanks, conduits, plumbing, air-cooling and air-conditioning apparatus, attached cabinets, ducts and compressors are now and shall immediately be and become part of the Tenant’s business but not including erecting a new hangar realty when installed and the sole and absolute property of Landlord without cost or any other accessory building, the Tenant may do so at his own expense provided that any charge to Landlord and all alterations or additions to shall remain upon and be surrendered with the Leased Premises made by at the Tenant must comply with any requirement expiration or sooner termination of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsthis Lease.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The 14.3 Tenant shall not bring onto the Leased Premises or make any part modification causing a reduction of the Leased Premises any machinery, equipment or any other thing that might in the opinion Resident Capacity of the LandlordFacility without prior written approval of Landlord and, by reason of its hazardous natureso long as the Facility is subject to a HUD-insured Mortgage, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyHUD.
Appears in 2 contracts
Sources: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)
ALTERATIONS AND ADDITIONS. (1) If A. Tenant shall have the Tenant, during the Term of this Lease or any renewal of the Lease, desires right to make any alterations alterations, improvements, or additions to the Leased Premises without the prior written consent of Landlord, provided that the estimated cost of such alteration, improvement or addition does not exceed $100,000 per annum. In the event that such cost exceeds $100,000 per annum, Tenant shall obtain Landlord's prior written consent, which consent shall not be unreasonably withheld, before performing any such work. Permanent alterations, improvements or additions so made by either of the parties upon the Premises, including but except movable furniture and equipment placed in the Premises at the expense of Tenant, shall be and become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease, without disturbance, injury or damage; provided, however, that if Landlord advised Tenant in writing at the time of Landlord's approval of any alteration (or, if Landlord's approval is not limited to; erecting partitionsrequired, attaching equipmentprior to commencement of such alteration) that Tenant would be required to remove such alteration, then Landlord shall have the right to require Tenant to remove such alteration, at Tenant's sole cost and expense, upon the termination of the Lease and Tenant's surrender of the Premises, and installing necessary furnishings repair any damages resulting from such removal.
B. All changes and alterations when completed shall be of such a character as not to reduce, or additional equipment otherwise adversely affect, the value of the Tenant’s business but not including erecting a new hangar or any other accessory buildingPremises nor to reduce the cubic content of the improvements, nor change the Tenant may do so at his own expense provided that any and all alterations or additions character of the improvements as to the Leased Premises made by the Tenant must comply use. All work done in connection with any requirement of change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with the Landlord including Schedule “B” building and all applicable building code standards and by-zoning laws of the municipality place in which the Leased Premises are located and any federal or provincial statuteswith all laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments and the appropriate departments, commissions, boards and officers thereof, and in accordance with the orders, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area and regulations of the Hangar subsequent to Board of Fire Underwriters where the Premises are situated or any addition or alteration.
(3) The Tenant shall be responsible for and pay other body exercising similar functions; the cost of any alterations, additions, installations such change or improvements alteration shall be paid in cash and in such manner that any governing authority, municipal, provincial the Premises shall at all times be free of liens for labor and materials supplied or otherwise, may require claimed to be made in, on or have been supplied to the Leased Premises.
(4) No sign. All parties performing work on the Premises must meet the following insurance requirements. The Tenant shall obtain and shall require its contractors or vendors of any tier, advertisement to pay for and keep in force, insurance for protection from claims under workers' compensation acts; claims for damages because of bodily injury, including personal injury, sickness, disease or notice shall be inscribeddeath of any of the contractors' employees or of any other person; claims for damages because of injury to or destruction of property including loss of use resulting therefrom, painted claims for damages because of bodily injury or affixed by the Tenantdeath of any persons or property damage arising out of ownership, maintenance or use of any motor vehicle, aircraft, or any other person on the Tenant’s behalfwatercraft, on any part and claims arising out of the outside performance of the Hangar unless it is located along the facade of the Hangar’s front contract and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or contractor's negligence. Compliance by the removal or both.
(7) The Tenant contractor with the insurance requirements set forth herein shall not bring onto relieve the Leased Premises or any part contractor from liability for amounts in excess of the Leased Premises any machinerylimits of insurance. Prior to commencement of the work, equipment the contractor shall deliver to Landlord insurance certificates evidencing that the required insurance is in force with insurance companies satisfactory to Landlord. The contractor shall deliver to Landlord, upon request, copies of the actual insurance policies. All certificates of insurance required hereunder shall specifically state the insurer's promise that there shall be no material change in, or any other thing cancellation of the policy or policies evidenced except upon 30 days prior written notice via certified mail to Landlord, and that might 30 days prior to the renewal date, the contractor shall furnish Landlord with updated or replacement certificates of insurance that clearly evidence continuation of all coverages in the opinion same manner, limits and protection, as required. Landlord shall be included as additional insureds under all coverages (except Professional Liability & Statutory Workers Compensation) as required by this contract and such additional insureds shall include coverage for completed operations and shall be specifically identified on the certificates of insurance. Such insurance as required shall be kept in force by the contractor continuously during the life of the Landlordcontract, and for a period of not less than 90 days from the date of final completion. Additionally, the completed operations Insurance required hereunder shall be kept in force by reason the contractor for a period of its hazardous naturenot less than one year after the date of final completion. The types of insurance, weightand MINIMUM amounts of limits, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.required hereunder are:
Appears in 2 contracts
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Leaseit, desires to make any alterations or additions to the Leased Premises, including but not limited to; : erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory buildingbusiness, the Tenant may do so at his own expense provided that expense, at any time and from time to time, if the following conditions are met:
(a) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold his approval;
(i) and items included in the plan which are regarded by the Tenant as “Trade Fixtures” shall be designated as such on the plan;
(b) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(43) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the inside or outside of the Hangar building in which the Premises are located unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord.
(4) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant’s Trade Fixtures, shall immediately become the property of the Landlord in writingwithout compensation to the Tenant.
(5) The Tenant agrees, at its his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises Premised made by the Tenant or in connection with any other activity of the Tenant.
(6) If the Tenant has complied with his obligations according to the provisions of this Lease, the Tenant may remove his Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant’s Trade Fixtures.
(7) Other than as provided in paragraph 7 (6) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenants except in the following circumstances:
(a) the removal is in the ordinary course of business;
(b) the Trade Fixture has become unnecessary for the Tenant’s business or is being replaced by a new or similar Trade Fixture; or
(c) the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
(8) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(79) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or overload the Property. If floors of the Leased Premises;
(a) and if the Premises or Property are damaged or overloaded the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises Premises.
(10) The tenant shall not impede or Propertyinterfere with other tenants in the building.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1a) If Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an “Alteration” and collectively as the “Alterations”) to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises, the Building or the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof. Notwithstanding the foregoing, Tenant shall be entitled to make cosmetic alterations in the Premises, without the prior consent of Landlord, so long Tenant provides Landlord with no fewer than fifteen (15) days prior written notice, and such alterations (i) otherwise comply with the provisions of this ▇▇▇▇▇▇▇▇▇ ▇▇, (▇▇) do not exceed an aggregate cost in excess of $30,000 in any lease year, (iii) do not affect the structural portions of the Building or the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof.
(b) Any Alteration to the Premises shall be at Tenant’s sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. In connection with any Alteration, Tenant shall deliver plans and specifications therefor to Landlord. As a further condition to giving consent, Landlord may require Tenant to provide Landlord, at Tenant’s sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such Alterations, to ensure Landlord against any liability for mechanics’ and materialmen’s liens and to ensure completion of work. Before Alterations may begin, valid building permits or other required permits or licenses must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its actual out-of-pocket third-party costs in reviewing plans and documents. Tenant shall maintain during the course of construction, at its sole cost and expense, builders’ risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming Landlord, Tenant, during the Term Landlord’s Investment Adviser, any property manager designated by Landlord and Landlord’s lenders as additional insureds. The minimum limit of this Lease or any renewal coverage of the Leaseaforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, desires to make any alterations and shall contain a severability of interest clause or additions to the Leased Premisesa cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00).
(c) All Alterations, including including, but not limited to; erecting partitions, attaching equipmentheating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and installing necessary furnishings shall not be deemed trade fixtures or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsProperty.
(2d) The Tenant shall pay Rent No private telephone systems and/or other related computer or telecommunications equipment or lines may be installed without Landlord’s prior written consent. If Landlord gives such consent, all equipment must be installed within the Premises and, at the rate prescribed in paragraph 3 above based request of Landlord made at any time prior to the expiration of the Term, removed upon the area expiration or sooner termination of this Lease and the Hangar subsequent Premises restored to any addition or alterationthe same condition as before such installation.
(3e) The Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.written permission of
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If Section 5.01. Tenant shall have the Tenantright, from time to time, to make, during the Term term of this Lease at its sole cost and expense, additions, alterations and changes (hereinafter sometimes referred to in this Section 5.01 as "alterations") in or to the Demised Premises, provided Tenant shall not then be in default in the performance of any renewal of Tenant's covenants or agreements in this Lease, subject, however, in all cases to the following:
(a) no structural or exterior alterations shall be commenced except upon prior written consent of Landlord;
(b) no alterations of any kind, shall be made which would tend (i) to impair the structural soundness of the LeaseImprovements, desires (ii) to make any alterations or additions to decrease the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment total cubical volume of the Tenant’s business but not including erecting a new hangar Improvements, (iii) to give to any owner, lessee or occupant of any other property or to any other person or corporation any easement, right-of-way or any other accessory buildingright over Landlord's interest in the Demised Premises, or (iv) to modify the Tenant may do so at his own expense provided that any basic utility and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement function of the Improvements;
(c) no alterations shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Landlord including Schedule “B” shall join, but without expense to Landlord, in the application for such permits or authorizations whenever such action is necessary and is requested by Tenant;
(d) any alterations involving in the aggregate an estimated cost of more than $100,000.00 shall be conducted under the supervision of an architect or engineer selected by Tenant, and no such alterations shall be made, except in substantial accordance with detailed plans and specifications and cost estimates prepared and approved in writing by such architect or engineer;
(e) any alterations shall be made within a reasonable time (subject to unavoidable delays) and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and building code standards and by-zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and officers, and in accordance with the orders, rules and regulations of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area National Board of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the TenantFire Underwriters, or any other person on body or bodies hereafter exercising similar functions;
(f) if any involuntary liens for labor and materials supplied or claimed to have been supplied to the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice Demised Premises shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The filed, Tenant agreesshall pay, at its own expense and by whatever means may be necessary, immediately to bond or otherwise obtain the release or discharge thereof with reasonable promptness but in all events prior to foreclosure thereof;
(g) a policy of workmen's compensation insurance covering all persons employed in connection with the work and with respect to whom death or bodily-injury claims could be asserted against Landlord, Tenant or the Demised Premises and, to the extent that the insurance under subsection (b) of Section 7.01 hereof does not adequately protect Landlord with respect to said alterations, comprehensive general liability insurance for the mutual benefit of Landlord and Tenant in a minimum amount of $5,000,000.00, which comprehensive general liability insurance policy shall include (i) coverage for bodily injury and death, property damage and product's liability coverage; and (ii) contractual liability coverage insuring the obligations of Tenant under the terms of this Lease shall be maintained by Tenant at the Tenant's sole cost and expense at all times when any encumbrance that may be registered against the Landlord’s property work is in progress in connection with any additions alterations. All such insurance policies shall be in standard form and shall be in such responsible companies as Landlord shall approve, which approval shall not be unreasonably withheld. All policies of liability insurance and certificates of workmen's compensation insurance therefor issued by the respective insurers, bearing notations evidencing the payment of premiums or alterations accompanied by other evidence reasonably satisfactory to Landlord of such payment, shall be delivered to Landlord prior to the Leased Premises made commencement of any alterations;
(h) if the cost of any such alterations shall be in excess of $100,000.00 as reasonably estimated by the architect, Landlord may require Tenant to furnish to Landlord a surety company bond in form reasonably satisfactory to Landlord, issued by a company reasonably acceptable to Landlord, or other security reasonably satisfactory to Landlord, in connection with any other activity an amount at least equal to the estimated cost of such alterations, guaranteeing the completion and payment of the Tenant.
(6) The cost thereof free and clear of all liens, conditional bills of sale and chattel mortgages growing out of such alteration work other than Permitted Mortgages. In no event shall Tenant shallbe entitled to any abatement, at his own expenseallowance, if requested by the Landlord, remove any reduction or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part suspension of the Leased Premises any machineryAnnual Base Rental, equipment additional rent and other payment herein reserved or any other thing that might in the opinion required to be paid by reason of the Landlordsuch alterations nor shall Tenant, by reason thereof, be released of its hazardous natureor from any other obligations imposed upon Tenant under this Lease. Whether under the provisions of this Lease or otherwise, weightneither Tenant nor any of Tenant's agents, size employees, representatives, contractors or usesubcontractors shall have any power or authority to do and act or thing or to make any contract or agreement which shall result in the creation of any mechanics' lien or other lien or claim upon or against Landlord's interest in the Demised Premises, damage the Leased Premises and Landlord shall have no responsibility to Tenant or the Property. If the Leased Premises to any contractor, subcontractor, supplier, materialman, work▇▇▇ ▇▇ other person, firm or Property are damaged the Tenant corporation who shall restore the Leased Premises engage in or Property immediately participate in any additions, alterations, changes or pay to the replacements thereof unless Landlord the cost of restoring the Leased Premises shall expressly undertake such obligation by an agreement in writing signed by Landlord and made between Landlord and Tenant, or Propertysuch contractor, subcontractor, supplier, materialman, work▇▇▇ ▇▇ other person, firm or corporation.
Appears in 1 contract
Sources: Project Lease Agreement (Cooperative Computing Inc /De/)
ALTERATIONS AND ADDITIONS. (1) 7.1. If the Tenant, during the Term of this Lease or any renewal of the Leaseit, desires to make any alterations or additions to the Leased Premises, including but not limited to; to erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of to the Tenant’s business but not including erecting a new hangar or any other accessory buildingbusiness, the Tenant may do so at his its own expense provided that expense, at any time and from time to time, if the following conditions are met:
7.1.1. before undertaking any alteration or addition, the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and items included in the plan which are regarded by the Tenant as “Trade Fixtures” shall be designated as such on the plan, and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan in writing, and the Landlord shall not unreasonably or arbitrarily withhold its approval. Notwithstanding the foregoing, the Landlord shall be entitled to withhold its consent or approval to any proposed alterations if, in its sole opinion, acting reasonably, such alterations will or may impact the structural integrity of the building or decrease the market rent value of the Premises;
7.1.2. any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) 7.2. The Tenant shall be responsible for any and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) 7.3. No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the inside or outside of the Hangar building in which the Premises are located unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingLandlord.
(5) 7.4. All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant’s Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant.
7.5. The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) 7.6. If the Tenant has complied with its obligations according to the provisions of this Lease, the Tenant may remove its Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant’s Trade Fixtures.
7.7. Other than as provided in Section 7.6 above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances:
7.7.1. the removal is in the ordinary course of business;
7.7.2. the Trade Fixture has become unnecessary for the Tenants business or is being replaced by a new or similar Trade Fixture; or
7.7.3. the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
7.8. The Tenant shall, at his its own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) 7.9. The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, Landlord by reason of its hazardous nature, weight, size or use, damage the Leased Premises or overload the Property. If floors of the Leased Premises, and if the Premises or Property are damaged or overloaded, the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyPremises.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. (1a) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed not, without Landlord's prior written consent, which may be given or withheld in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of Landlord's sole discretion, make any alterations, improvements, additions, utility installations or improvements that any governing authority, municipal, provincial or otherwise, may require repairs (hereinafter collectively referred to be made as "Alterations") in, on or about the Premises or the Project. Alterations shall include, but shall not be limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. At the expiration of the term, Landlord may require the removal of any Alterations installed by Tenant and the restoration of the Premises and the Project to their prior condition, at Tenant's expense. If a work letter agreement is entered into by Landlord and Tenant, Tenant shall not be obligated to remove the tenant improvements constructed in accordance with the work letter agreement. If, as a result of any Alteration made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other law or regulation and such compliance requires Landlord to make any improvement or Alteration to any portion of the Project, as a condition to Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the Leased construction of any Alteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. Should Landlord permit Tenant to make its own Alterations, Tenant shall use only such contractors as has been expressly approved by Landlord, and Landlord may require Tenant to provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such Alterations, to insure Landlord against any liability for mechanic's and materialmen's liens and to insure completion of the work. In addition, Tenant shall pay to Landlord a fee equal to six percent (6%) of the cost of the Alterations to compensate Landlord for the overhead and other costs it incurs in reviewing the plans for the Alterations and in monitoring the construction of the Alterations. Should Tenant make any Alterations without the prior approval of Landlord, or use a contractor not expressly approved by Landlord, Landlord may, at any time during the term of this Lease, require that Tenant remove all or part of the Alterations and return the Premises to the condition it was in prior to the making of the Alterations. In the event Tenant makes any alterations, Tenant agrees to obtain or cause its contractor to obtain, prior to the commencement of any work, "builders all risk" insurance in an amount approved by Landlord and workers compensation insurance.
(b) Any Alterations in or about the Premises that Tenant shall desire to make shall be presented to Landlord in written form, with plans and specifications which are sufficiently detailed to obtain a building permit. If Landlord consents to an Alteration, the consent shall be deemed conditioned upon Tenant acquiring a building permit from the applicable governmental agencies, furnishing a copy thereof to Landlord prior to the commencement of the work, and compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. Tenant shall provide Landlord with as-built plans and specifications for any Alterations made to the Premises.
(4c) No signTenant shall pay, advertisement when due, all claims for labor or notice shall materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises, which claims are or may be inscribed, painted secured by any mechanic's or affixed by materialmen's lien against the TenantPremises or the Project, or any other person on the Tenant’s behalfinterest therein. If Tenant shall, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike mannerfaith, contest the validity of any such lien, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to not less than one and one half times the amount of such contested lien claim indemnifying Landlord against liability arising out of such lien or claim. No other sign, advertisement or notice Such bond shall be erected unless it has been approved sufficient in every respect by form and amount to free the Project from the effect of such lien. In addition, Landlord may require Tenant to pay Landlord's reasonable attorneys' fees and costs in writingparticipating in such action.
(5d) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately shall give Landlord not less than ten (10) days' advance written notice prior to obtain the release or discharge commencement of any encumbrance that may be registered against work in the Landlord’s property Premises by Tenant, and Landlord shall have the right to post notices of nonl-responsibility in connection with any additions or alterations to on the Leased Premises made by or the Tenant or in connection with any other activity of the TenantProject.
(6e) The All Alterations (whether or not such Alterations constitute trade fixtures of Tenant) which may be made to the Premises by Tenant shallshall be paid for by Tenant, at his own Tenant's sole expense, if requested by the and shall be made and done in a good and workmanlike manner and with new materials satisfactory to Landlord, remove any or all additions or improvements made by and such Alteration shall be the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Lease term, unless Landlord requires their removal pursuant to section 7.3(a). Provided Tenant is not in default, Tenant's personal property and equipment, other than that which is affixed to the Leased Premises during so that it cannot be removed without material damage to the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If Project, shall remain the Leased Premises or Property are damaged the property of Tenant shall restore the Leased Premises or Property immediately or pay and may be removed by Tenant subject to the Landlord the cost provisions of restoring the Leased Premises or Propertysection 7.2(b).
Appears in 1 contract
Sources: Standard Office Lease (United Panam Financial Corp)
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, Premises including but not limited to; : erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of in connection with the Tenant’s business but not including erecting a new hangar or any other accessory buildingoperations, the Tenant may do so at his the Tenant’s own expense provided that expense, at any time and from time to time, if the following conditions are met:
(a) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and items included in the plan which are regarded by the Tenant as “Trade Fixtures” shall be designated as such on the plan, and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably withhold such approval; and
(b) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated. TheIn consultation with the Tenant.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any Any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased PremisesPremises may be paid by the Landlord or paid by the Tenant and Landlord on a cost-sharing basis. The Tenant will apply for grants to help with the funding of these items.
(42) No sign, advertisement All alterations and additions to the Premises made by or notice shall be inscribed, painted or affixed by on behalf of the Tenant, or any other person on than the Tenant’s behalfTrade Fixtures, on any part shall immediately become the property of the outside of Landlord without compensation to the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingTenant.
(53) The Tenant agrees, at its the Tenant’s own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(4) If the Tenant has complied with the Tenant’s obligations according to the provisions of this Lease, the Tenant may remove the Tenant’s Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants to make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant’s Trade Fixtures.
(5) Other than as provided in paragraph 7 (5) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances:
(a) the removal is in the ordinary course of business;
(b) the Trade Fixture has become unnecessary for the Tenant’s business or is being replaced by a new or similar Trade Fixture; or
(c) the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
(6) The Tenant shall, at his the Tenant’s own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or overload the Property. If floors of the Leased Premises, and if the Premises or Property are damaged or overloaded the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.Premises. [not in Onondaga pre-school lease]
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. (1) If Tenant may, upon prior written notice to Landlord, make any alterations, improvements or additions, in, or about the TenantProperty which Tenant desires, during except for structural alterations. As a condition of having such alteration rights, Landlord may require that Tenant agree to remove any such alterations, improvements, additions or utility installations at the Term of this Lease or any renewal expiration of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipmentTerm, and installing necessary furnishings or additional equipment to restore the Property to its prior condition provided, however, that Landlord notify Tenant at the time of installation of such alterations, improvements and additions that Landlord will require their removal at the expiration of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsTerm.
(2) The Before commencing any work relating to alterations, additions and improvements affecting the Property, Tenant shall pay Rent notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and from time to time to post and maintain on the Property such notices as Landlord reasonably deems necessary to protect the Property and Landlord from mechanics' liens, materialman's liens or any other liens. In any event, Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Property. Tenant shall not permit any mechanics' or materialmen's liens to be levied against the Property for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Property by or at the rate prescribed direction of Tenant. Tenant may contest any such liens in paragraph 3 above based upon accordance with the area provisions of the Hangar subsequent to any addition or alterationSection 13 of this Lease.
(3) The Tenant shall be responsible for and pay the cost of any Unless Landlord requires their removal, as set forth in Section 11, subsection (c), subparagraph (1), all alterations, additionsimprovements, installations or improvements that any governing authority, municipal, provincial or otherwise, additions which may require to be made inon the Property shall become the property of Landlord and remain upon and be surrendered with the Property at the expiration of the Term. Notwithstanding the provisions of this Section 11, on or subsection (c), subparagraph (3), Tenant's machinery, equipment, and trade fixtures, other than that which is affixed to the Leased PremisesProperty so that it cannot be removed without material damage to the Property, shall remain the property of Tenant and may be removed by Tenant subject to the provisions of Section 11, subsection (b), subparagraph (3).
(4) No signNotwithstanding anything to the contrary contained herein, advertisement in the event of a sublease of all or notice shall be inscribed, painted any portion of the Property by Tenant or affixed an assignment of this Lease by the Tenant, then in such event any such assignee or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to sublessee must obtain the release or discharge prior written approval of Landlord before making any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shallalterations, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Industrial Lease (Suntek Corp)
ALTERATIONS AND ADDITIONS. (1a) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of not make any alterations, additionsrepairs, installations additions or improvements that any governing authority, municipal, provincial or otherwise, may require (collectively referred to be made as "Alteration(s)") in, on or about the Premises or the Project without Landlord's prior written consent, which shall not be unreasonable withheld or delayed. Tenant’s proposed floor plan, attached as Exhibit C and any minor modifications thereto are hereby approved by Landlord. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or the Building; (c) will not affect the base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 7.3. Prior to starting work, Tenant shall furnish Landlord with plans and specifications; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to base Building); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Material changes to the Leased Premisesplans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner.. Upon completion, Tenant shall furnish “as-built” plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. If as a result of any Alteration made by Tenant, Landlord is obligated to comply with any Law and such compliance requires Landlord to make any improvement or Alteration to any portion of the Project, as a condition to Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or Alteration Landlord is obligated to complete by such Law.
(4b) No signAll improvements in and to the Premises, advertisement or notice including any Alterations, but excluding Tenant’s personal property, shall be inscribed, painted or affixed by remain upon the Premises at the end of the Term without compensation to Tenant, or any other person on the provided that Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryexpense, immediately to obtain in compliance with the release National Electric Code or discharge of any encumbrance that may be registered against other applicable Laws, shall, on or before the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity expiration of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the LandlordTerm, remove any or all additions or Cable. In addition, and specifically excepting any improvements made by the Tenant Landlord prior to the Leased Premises during Commencement Date, Landlord, by written notice to Tenant at least thirty (30) days prior to the Term expiration of the Term, may require Tenant, at its expense, to remove any Alterations that in Landlord’s reasonable judgment are not standard office improvements and are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Tenant shall repair all any damage caused by the installation or removal of the removal or bothCable and Required Removables.
(7c) The Tenant shall not bring onto the Leased Premises pay, when due, all claims for labor or any part of the Leased Premises any machinery, equipment materials furnished or any other thing that might alleged to have been furnished to or for Tenant at or for use in the opinion of Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the PropertyProject, or any interest therein. If Tenant shall, in good faith, contest the Leased Premises or Property are damaged the validity of any such lien, Tenant shall restore furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to not less than one and one half times the Leased Premises amount of such contested lien or Property immediately claim indemnifying Landlord against liability arising out of such lien or claim. Such bond shall be sufficient in form and amount to free the Project from the effect of such lien. In addition, Landlord may require Tenant to pay to the Landlord the cost of restoring the Leased Premises or PropertyLandlord's reasonable attorneys' fees and costs in participating in such action.
Appears in 1 contract
Sources: Office Lease (Vector Group LTD)
ALTERATIONS AND ADDITIONS. (1a) If Not to make any alteration or addition to any part of the Tenant, during structure of the Term Building or the external elevations thereof nor to merge the Demised Premises with any adjoining premises and not to alter or change any of this Lease the architectural features (whether external or internal) of the Demised Premises.
(b) Not without the consent of the Landlord nor otherwise than in accordance with plans approved by the Landlord (such consent and approval not to be unreasonably withheld) and under the supervision and to the reasonable satisfaction of the Landlord’s Surveyor to make any other alteration or addition in or to the Demised Premises or any renewal part thereof including is particular any Conduits electrical equipment and installations of any description Provided That:
(i) the Landlord may in its absolute discretion seek such advice as the Landlord shall require from surveyors and other professional advisers in connection with any such application for consent;
(ii) the Landlord may as a condition of giving any such consent and approval require the Tenant to enter into such covenants with the Landlord as the Landlord may reasonably require in regard to the execution of any such works or otherwise;
(iii) the Tenant shall if so requested by the Landlord reinstate the Demised Premises at the end or sooner determination of the Lease, desires Term;
(iv) the Tenant shall not make any addition or alteration to make the Demised Premises which might weaken the structure of the Building;
(v) in the case of any works of a substantial nature if the Landlord shall so require prior to the commencement of such works the Tenant shall provide adequate security on terms reasonably required by the Landlord in the form of a deposit of money or the provision of a bond to ensure that any alterations which may from time to time be permitted by the Landlord shall be fully completed;
(vi) the Landlord may in its absolute discretion refuse its consent to any alteration addition or amendment to the Demised Premises which may be visible from the exterior of the Building;
(vii) the Landlord will not unreasonably withhold consent to non-structural internal alterations;
(viii) all proposals for any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, Demised Premises shall first be submitted by the Tenant to the Landlord accompanied by all relevant detailed plans, drawings, elevations, sections and specifications and such other information as may do so at his own expense provided that any and all be reasonably required.
(c) All alterations or additions to the Leased electrical equipment and installations of the Demised Premises made shall be carried out in accordance with the terms conditions and recommendations from time to time laid down by the Tenant must comply with any requirement Institution of Electrical Engineers and the regulations of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationselectricity supply authority.
(2d) The Tenant shall pay Rent Notwithstanding the foregoing not at any time to commence any development within the rate prescribed in paragraph 3 above based upon the area meaning of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or Planning Acts in relation to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with Demised Premises without the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is prior consent which shall not be unreasonably withheld Provided That it shall in good workmanlike manner. No other sign, advertisement or notice shall any event be erected unless it has been approved in every respect by reasonable for the Landlord in writing.
(5) The to withhold its consent unless the Landlord shall first be satisfied that the proposed development is properly authorised by law and that the Tenant agrees, at its own expense will indemnify and by whatever means keep the Landlord fully and effectually indemnified from and against any tax charge or levy for which the Landlord may be necessary, immediately to obtain the release or discharge become liable as a result of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made such proposed development being carried out by the Tenant or in connection with any other activity of the Tenant.
(6e) The Tenant shall, at his own expense, if requested by Not without the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part consent of the Leased Premises Landlord to change or make any machinery, equipment or any other thing that might in application to change the opinion name of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyBuilding from The Schrodinger Building.
Appears in 1 contract
Sources: Lease (Exscientia LTD)
ALTERATIONS AND ADDITIONS. a. Except for the initial construction of the fence pursuant to Section 4(b) above, the Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises or any part thereof that will cost more than Fifteen Thousand Dollars (1$15,000.00) If without first obtaining the written consent of the Landlord, which consent the Landlord agrees not to unreasonably withhold, condition, or delay, provided that the Tenant has fully complied with each and every term, covenant, and condition in this Lease and, with respect to such alterations, additions, changes, or improvements, has provided the Landlord with such liability insurance policies and/or surety bonds as the Landlord may reasonably request.
d. Any and all alterations, additions, and improvements made by the Tenant at any time, and all governmental approvals therefor, shall be the property of the Tenant, during subject, however to the Term provisions of this Lease Section 2 above; provided, however, that it is expressly understood and agreed that any trade fixtures or any renewal other fixtures added by the Tenant shall remain the property of the Tenant and may be removed by the Tenant, at the Tenant’s expense, upon the expiration or earlier termination of the Lease, desires provided that any damage caused thereby is immediately repaired by the Tenant.
e. The Tenant, at its own cost and expense, will cause any and all mechanics’ liens that may be filed against the Premises to make be paid and satisfied of record within thirty (30) days after the Landlord sends the Tenant written notice of the filing of any notice of lien against the Premises or other property of the Landlord, for or purporting to be for labor or materials alleged to be furnished or to be charged by or for the Tenant at the Premises, or will bond such mechanics’ liens and use its best efforts to have such liens discharged by an order of a court of competent jurisdiction within this thirty (30) day period.
f. Any alterations, improvements, or other work, once begun, must be prosecuted with reasonable diligence to completion and, subject to the provisions of subsection (e) above, be paid for by the Tenant in full, free and clear of liens or encumbrances against the Premises or the Landlord, and must be performed in all respects in accordance with all applicable rules, regulations, laws, or order of any governmental authority. The Tenant shall obtain all necessary inspections and permits prior to making any alterations or additions and shall obtain all necessary inspections and permits prior to the Leased Premisesusing altered premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of at the Tenant’s business but not including erecting a new hangar expense. The Landlord shall join in the application for such permits, licenses, or any other accessory buildingauthorizations if necessary, the Tenant may do so at his own expense provided provided, however, that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality shall incur no liability or expense in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) connection therewith. The Tenant shall be responsible for and pay the cost making of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by that are or become necessary to comply with the Americans with Disabilities Act because of any action, use, or characteristic of the Tenant or in connection with order to accommodate the needs of any other activity employee of the TenantTenant or any visitor, licensee, or invitee to the Premises.
(6) g. The Tenant shallhereby agrees to indemnify, at his own expensedefend, if requested by and hold the LandlordLandlord harmless from and against any and all claims, remove costs (including attorneys fees), judgments, liens, damages, and liabilities of every kind and description that may arise out of or be connected in any way with the Tenant’s construction, alterations, or all additions additions, and to pay or improvements made by discharge promptly any contractor's, mechanic's, or materialman's lien that may be recorded against the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation Land or the removal or bothImprovements.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Ground Lease
ALTERATIONS AND ADDITIONS. (1a) If Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an "Alteration" and collectively as the "Alterations") to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises, the Building or the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof.
(b) Any Alteration to the Premises shall be at Tenant's sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. As further condition to giving consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one half times the estimated costs of such Alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord from its costs (including, without limitation, the costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall maintain during the Term course of this Lease or any renewal construction, at its sole cost and expense, builders' risk insurance for the amount of the Lease, desires to make any alterations or additions to completed value of the Leased PremisesAlterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) procure and maintain in full force and effect during the course of construction a "broad form" commercial general liability and property damage policy of insurance naming Landlord, Tenant and Landlord's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million dollars ($3,000,000.00) for injury or death of one more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00).
(c) All Alterations, including, but not limited to; erecting partitions, attaching equipmentheating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and panelling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and installing necessary furnishings shall not be deemed trade fixtures or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building's Property. If requested by Landlord, the Tenant may do so at his own expense provided that any and all alterations or additions will pay, prior to the Leased commencement of construction, an amount determined by Landlord necessary to cover the costs of demolishing such Alterations and/or the cost of returning the Premises made by and the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsBuilding to its condition prior to such Alterations.
(2d) The Tenant shall pay Rent No private telephone systems and/or other related computer or telecommunications equipment or lines may be installed without Landlord's prior written consent. If Landlord gives such consent, all equipment must be installed within the Premises and, at the rate prescribed in paragraph 3 above based request of Landlord made at any time prior to the expiration of the Term, removed upon the area expiration or sooner termination of this Lease and the Hangar subsequent Premises restored to any addition or alterationthe same condition as before such installation.
(3e) The Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high power usage equipment in the Premises, Tenant shall be responsible for and obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay the cost costs to Landlord for installation of any alterations, additions, installations supplementary air conditioning capacity or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premiseselectrical systems necessitated by such equipment.
(4f) No signTenant agrees not to proceed to make any Alterations, advertisement or notice shall be inscribednotwithstanding consent from Landlord to do so, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part until Tenant notifies Landlord in writing of the outside date Tenant desires to commence construction or installation of the Hangar unless it is located along the facade of the Hangar’s front such Alterations and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it Landlord has been approved in every respect by the Landlord such date in writing, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1a) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to Tenant shall not make any alterations alteration, improvement or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or about the Premises without Landlord’s prior written consent which shall not be unreasonably withheld or delayed. In any event, Tenant shall make no alteration, improvement, or addition to the Leased exterior of the Premises.
(4) No sign, advertisement the Building’s structure or notice shall be inscribedthe Building Systems without Landlord’s prior written consent, painted or affixed by the Tenantin L▇▇▇▇▇▇▇’s sole and absolute discretion. Should Tenant make any alteration, improvement, or any other person on addition without the Tenant’s behalf, on any part prior approval of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, Landlord may require that Tenant remove any or all additions or improvements made by of the Tenant to the Leased Premises during the Term same at Tenant’s sole cost and shall repair all damage caused by the installation or the removal or bothexpense.
(7b) The Any alterations, improvements, or additions in or about the Premises which Tenant shall desire to make, and which requires the consent of Landlord, shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to perform the work from appropriate governmental agencies, if required. Tenant shall furnish a copy of the permit to Landlord prior to commencement of the work, and Tenant shall comply with all conditions of said permit in a prompt and expeditious manner.
(c) Tenant shall give Landlord not less than ten (10) days’ Notice prior to the commencement of any work in, on or about the Premises, other than emergency repairs, and Landlord shall have the right to post notices of non-responsibility in, on or about the Premises as provided by law. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises. Tenant shall not bring onto cause or allow the Leased Premises, the Building or the Office Center to become subject to any lien or any claim of lien, charge or encumbrance whatsoever arising from the action or inaction of Tenant or any Tenant Party (defined below). If any such lien or claim of lien is filed, Tenant shall discharge or bond the same within ten (10) business days after filing. If Tenant shall fail to do so, such failure shall be a Material Default by Tenant hereunder and shall not be subject to Notice or cure. Further, in addition to any remedies of Landlord hereunder, Landlord may bond or pay the lien or claim for the account of Tenant, without inquiring into the validity thereof, and such bond or payment plus any expenses, including attorneys’ fees incurred by Landlord, together with interest at ten percent (10%) per annum, shall be deemed additional Rent due from Tenant to Landlord payable on demand.
(d) All alterations, improvements, and additions which may be made on the Premises shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term; provided, however, Tenant’s machinery, equipment, trade fixtures and furnishings shall remain the property of Tenant and may be removed by Tenant subject to the provisions of Section 6.2(c) hereinabove. Further, if Landlord so advises Tenant at the time of Landlord’s approval of plans for any alterations, improvements or additions, Tenant shall remove the same and restore any damage caused thereby upon the expiration or earlier termination of this Lease as part of T▇▇▇▇▇’s surrender of the Premises in accordance with the terms hereof.
(e) Nothing in this Lease, nor any action or inaction by Landlord, shall be deemed or construed in any way as constituting a request by L▇▇▇▇▇▇▇, expressed or implied, to any contractor, subcontractor, laborer, materialmen, supplier or mechanic for the performance of any labor or services or the furnishing of any materials or other property for the construction, alteration addition, repair or demolition of or to the Premises or any part thereof. In accordance with the applicable provisions of Florida Statutes Chapter 713, Tenant has no authority to and shall not create any liens for labor or material on or against the Office Center or any interest therein, and no such liens shall extend to the interest of Landlord the Premises under any circumstances. T▇▇▇▇▇ agrees to notify all contractors, subcontractors, laborers, materialmen, suppliers or mechanics, involved with work or improvements on the Premises that such party must look only to Tenant or Tenant’s other property interests for payment. All contractors, subcontractors, laborers, materialmen, suppliers or mechanics may be put on notice of this Section by the recordation, at Landlord’s option, of a notice or memorandum of this lease in accordance with Florida Statutes 713.10 in the Public Records of Brevard County and Tenant shall cause all contractors, subcontractors and suppliers which provide labor and/or materials to the Premises to be provided with notice, prior to and as a condition of the Leased performance of any labor or delivery of any materials to the Premises, or take such action as Landlord may request to inform and notify all contractors, subcontractors and suppliers which provide labor and/or materials to the Premises that Landlord has elected, in accordance with Florida Statutes 713.10, to prohibit Tenant and all contractors, subcontractors and suppliers which provide labor and/or materials to the Premises on Tenant’s behalf from attaching any machinerylien for labor thereon or materials furnished. Notwithstanding the foregoing, equipment Tenant shall cause any mechanics’ or materialmen’s liens incurred as a result of construction work or labor performed or materials furnished by or at the direction of Tenant to be promptly paid, bonded or otherwise discharged, and hereby agrees to indemnify and hold Landlord harmless from any other thing that might cost or expense occasioned thereby. If any such lien remains of record after thirty (30) days’ notice from Landlord to Tenant to remove same, then Landlord may bond, discharge or satisfy same in such manner as it deems appropriate and charge the opinion costs and expenses thereof, including, without limitation, reasonable attorneys’ fees, to Tenant, and Tenant shall pay same to Landlord upon demand. This section shall survive the expiration or earlier termination of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyLease.
Appears in 1 contract
Sources: Office Lease (Sollensys Corp.)
ALTERATIONS AND ADDITIONS. 15.1. Tenant shall make no alterations, additions or improvements (1a) If to the Tenant, during Premises or (b) to the Term of this Lease Building or any renewal portion of the Common Area or the electrical, mechanical, plumbing or other systems in the Building, without obtaining the prior written consent of Landlord in each instance. Such consent may be granted or withheld at Landlord's sole discretion; however, Landlord shall not unreasonably withhold its consent to any alterations, additions, or improvements to the interior of the Premises, provided the same does not (A) affect the exterior appearance of the Premises, the Building or the Project, or (b) affect any structural portion of the Premises, the Building or the Project, or (c) affect any electrical, mechanical, plumbing or other systems of the Building, or (d) diminish the value of the Premises, and further provided Tenant complies with the provisions this Section 15.
1. Tenant shall be permitted to select a contractor and subcontractors from Landlord's list of approved contractors and subcontractors, or such other contractors and subcontractors as Landlord shall approve in writing in advance of the commencement of such work; provided, however, Landlord's designated contractors and subcontractors shall be used for any work involving the mechanical, electrical, plumbing, heating, ventilating and air conditioning systems and other Building systems and the roof. Tenant may elect to have Landlord undertake such work of alterations and additions and, provided Landlord agrees to undertake such work (which may be granted or withheld in Landlord's sole discretion), then Tenant shall reimburse Landlord for the cost thereof (together with a charge for Landlord's administration and management thereof equal to five percent (5%) of the cost incurred) within thirty (30) days after an invoice therefor is submitted to Tenant. Landlord may impose as a condition to such consent such requirements as Landlord may deem necessary in its sole discretion, including without limitation the requirement that Landlord be furnished with working drawings before work commences and that a bond be furnished, and requirements relating to the manner in which the work is done, the contractor by 15 whom it is performed, and the times during which it is accomplished. Prior to the expiration or earlier termination of the Lease, desires Tenant shall, at its sole cost and expense, remove any and all such alterations, improvements and additions to make the Premises; however, if Tenant requests in writing to Landlord prior to the construction or installation of such additions or alterations that Landlord stipulate that Tenant shall not be required to remove any or all of such improvements upon the expiration or earlier termination of this Lease and Landlord agrees thereto in writing to Tenant, then Tenant shall not be obligated to so remove such improvements or additions. and restore the Premises to the condition in which they were delivered to Tenant, reasonable wear and tear excepted. Any damage done to the Premises in connection with any such removal shall be repaired at Tenant's sole cost and expense. Landlord may, in connection with any such removal or restoration which reasonably might involve damaging the Premises, require that such removal be performed by a bonded contractor or other person for which a bond satisfactory to Landlord has been furnished covering the cost of repairing the anticipated damage. Unless so removed, all such alterations, additions or improvements shall at the expiration or earlier termination of the Lease become the property of Landlord and remain upon the Premises. All such improvements, alterations, additions and restoration must be done in a good and workmanlike manner and diligently prosecuted to completion so that the Premises shall at all times be a complete unit except during the period of work. Such improvements, alterations, additions and restoration shall only be constructed by a contractor which is bondable and which shall use union employees only, except that such contractor may use non-union employees only if prior to the commencement of any work, Tenant obtains Landlord's written consent which Landlord may withhold unless it is adequately protected against any and all loss or damage that may result from labor problems or any work stoppage or interruption arising from the use of such non-union employees. Tenant shall deliver to Landlord upon commencement of such work a copy of the building permit with respect thereto. Upon completion of such work, Tenant shall file for record in the office of the County Recorder where the Project is located a Notice of Completion, as required or permitted by law. All such work shall be performed and done strictly in accordance with the laws and ordinances relating thereto and shall be performed so as not to obstruct the access to the premises of any other tenant in the Building or Project. Tenant agrees to carry insurance as required by Article 17 covering any improvements, alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by Tenant under the Tenant must comply with any requirement provisions of the Landlord including Schedule “B” and all applicable building code standards and by-laws this Article 15, it being expressly agreed that none of the municipality in which the Leased Premises are located and any federal or provincial statutessuch improvements, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations shall be insured by Landlord under the insurance Landlord may carry upon the Building, nor shall Landlord be required under any provision for reconstruction to the Leased Premises made by the Tenant or in connection with reinstall any other activity of the Tenant.
(6) The Tenant shallsuch improvements, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation alterations. In addition, it is expressly agreed that if any tax is imposed, or the removal amount of taxes on the Building or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the LandlordProject is increased, by reason of its hazardous natureany such improvements, weightalterations or additions, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Propertybe solely responsible therefor under Article 7.
Appears in 1 contract
Sources: Office Lease (Isocor)
ALTERATIONS AND ADDITIONS. (1a) If The Tenant shall not, without the Tenant, during the Term of this Lease or any renewal prior written consent of the LeaseLandlord, desires Head Lessor and/or relevant Authorities, make or permit to make be made any alterations or additions to or affecting the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings structure or additional equipment exterior of the Tenant’s business but not including erecting a new hangar Premises or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement appearance of the Landlord including Schedule “B” and all applicable building code standards and by-laws of Premises as seen from the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsexterior.
(2b) The Tenant shall pay Rent at not and shall not permit any person to paint or make any additions or alterations or exert any force or load on the rate prescribed curtain wall, its frame structure and all its related parts or to place or affix any structures or articles or materials thereon which would otherwise render the warranty granted in paragraph 3 above based upon the area favour of the Hangar subsequent Landlord in respect of such wall and structure null and void. Alterations and additions for such purpose of this Clause shall include but shall not be limited to any addition or alteration.the following works relating to:
(3i) The Tenant shall be responsible for internal partitions, floors and pay ceilings within the cost Premises;
(ii) electrical wiring, conduits, light fittings and fixtures;
(iii) air conditioning installations, ducts and vents;
(iv) fire protection devices;
(v) all plumbing and gas installations, pipes, apparatus, fittings and fixtures;
(vi) all mechanical and electrical engineering works; and
(vii) painting of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6c) The Tenant shall, in connection with the alterations and additions:
(i) remove all waste material and debris from the Property in a manner satisfactory to the Landlord; and
(ii) make good to the satisfaction of the Landlord all damage to the Property resulting from the execution of the alterations and additions.
(d) The Tenant undertakes to ensure that any such proposed alterations and additions shall be in compliance with all applicable laws and regulations and shall, furnish to the Landlord copies of all necessary permits, consents, licences, certificates and other approvals for the proposed alterations and additions. All planning and other consents necessary or required pursuant to the provisions of any statute, rule, order, regulation or by-law for any alteration or addition to the Premises or any part thereof, shall be applied for and obtained by the Tenant at his the Tenant’s own cost and expense, if requested such expenses to be paid immediately by the Tenant when they fall due.
(e) The Tenant shall carry out and complete all alterations and additions to the Premises in accordance with plans, layouts, designs, drawings, specifications and using materials approved by the Landlord in a good and workmanlike manner and in accordance with all planning and other consents referred to in Clause 3.11(d), and in compliance with the reasonable requirements of the Landlord’s consultants.
(f) The Tenant shall submit to the Landlord as-built drawings relating to all such alterations, remove any or all additions or improvements made other works. If the Tenant fails to do so, the Landlord shall be entitled to take all action necessary (including engaging consultants to make necessary inspections and to prepare the relevant as-built drawings and making payments to the Tenant’s consultants). All costs and expenses so incurred by the Landlord together with interest from the date of expenditure until the date they are paid by the Tenant to the Leased Premises during Landlord shall be recoverable from the Term and shall repair all damage caused by the installation or the removal or bothTenant as if they were rent in arrears.
(7g) The Tenant shall not bring onto effect and maintain at the Leased Premises or any part Tenant’s cost and expense, comprehensive risk insurance policies and public liability policies, from the period of the Leased Premises any machinery, equipment or any other thing that might in the opinion commencement of the additions and alterations, with an insurance company in Singapore approved by the Landlord, by reason . Copies of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant such policies shall restore the Leased Premises or Property immediately or pay be furnished to the Landlord by the cost Tenant without demand, prior to the commencement of restoring the Leased Premises additions and alterations.
(h) The Tenant shall indemnify the Landlord against (i) any breach, non-observance or Propertynon-performance in obtaining any of the consents mentioned in Clause 3.11(a) herein and (ii) any claims, losses, damages, demands or actions brought by any person arising out of or incidental to the execution of the additions and alterations.
Appears in 1 contract
Sources: Tenancy Agreement (Cyberoptics Corp)
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Leaseit, desires tees to make any alterations or additions to the Leased Premises, including but not limited to; to : erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building's business, the Tenant may do so at his own expense provided that expense, at any time and from time to time, if the following conditions are met:
(a) before undertaking any alteration or addition the Tenant shall submit w the Landlord a plan showing the proposed alterations or additions and the Tenant chalk not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonable or arbitrarily withhold his approval;
(i) and items included in the plan which are regarded by the Tenant as "Trade Fixtures: shall be designated as such on the plan;
(b) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and shall pay the cost of any airy alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(43) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s Tenants' behalf, on any airy part of the inside or outside of the Hangar building in which the Premises are located unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord, which approval shall not be unreasonably withheld.
(4) All alterations anti additions to the premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord in writingwithout compensation to the Tenant.
(5) The Tenant agrees, at its his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance lien that may be registered against the Landlord’s 's property in connection with any airy additions or alterations to the Leased Premises made mach by the Tenant or in connection with any other activity of the Tenant.
(6) The If the Tenant shallhas complied with his obligations according to the provisions of this Lease, the Tenant may remove leis Trade Fixtures at the end of the Term or other termination ▇▇ ▇his own expense, if requested Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the Landlord, remove any or all additions or improvements made by removal of the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or bothTenant's Trade Fixtures.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machineryOther than as provided in paragraph 7 (6) above, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore not, during the Leased Term of the Lease or anytime thereafter reeve from the Premises any Trade Fixtures or Property immediately or pay to other of the Landlord Tenan▇ ▇▇▇ept in the cost following circumstances:
(a) the removal is in the ordinary course of restoring the Leased Premises or Property.business;
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1a) If Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an "Alteration" and collectively as the "Alterations") to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withbeld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises, the Building or the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof.
(b) Any Alteration to the Premises shall be at Tenant's sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. As a further condition to giving consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such Alterations, to ensure Landlord against any liability for mechanics' and materialmen's liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its costs (including, without limitation, the costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall maintain during the Term course of this Lease or any renewal construction, at its sole cost and expense, builders' risk insurance for the amount of the Lease, desires to make any alterations or additions to completed value of the Leased PremisesAlterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) procure and maintain in full force and effect during the course of construction a "broad form" commercial general liability and property damage policy of insurance naming Landlord, Landlord's investment advisor and agent, UBS Realty Investors LLC, Tenant and Landlord's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00).
(c) All Alterations, including, but not limited to; erecting partitions, attaching equipmentheating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and installing necessary furnishings shall not be deemed trade fixtures or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building's Property. If requested by Landlord, the Tenant may do so at his own expense provided that any and all alterations or additions will pay, prior to the Leased commencement of construction, an amount determined by Landlord necessary to cover the costs of demolishing such Alterations and/or the cost of returning the Premises made by and the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsBuilding to its condition prior to such Alterations.
(2d) The Tenant No private telephone systems and/or other related computer or telecommunications equipment or lines may be installed without Landlord's prior written consent, which consent shall pay Rent not be unreasonably withheld or delayed. If Landlord gives such consent, all equipment must be installed within the Premises and, at the rate prescribed in paragraph 3 above based request of Landlord made at any time prior to the expiration of the Term, removed upon the area expiration or sooner termination of this Lease and the Hangar subsequent Premises restored to any addition or alterationthe same condition as before such installation.
(3e) The Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall be responsible for and obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay the cost costs to Landlord for installation of any alterations, additions, installations supplementary air conditioning capacity or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premiseselectrical systems necessitated by such equipment.
(4f) No signTenant agrees not to proceed to make any Alterations, advertisement or notice shall be inscribednotwithstanding consent from Landlord to do so, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part until Tenant notifies Landlord in writing of the outside date Tenant desires to commence construction or installation of the Hangar unless it is located along the facade of the Hangar’s front such Alterations and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it Landlord has been approved in every respect by the Landlord such date in writing, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1a) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of not make any alterations, additionsrepairs, installations additions or improvements that or install any governing authority, municipal, provincial or otherwise, may require Cable (collectively referred to be made as “Alteration(s)”) in, on or about the Premises or the Project without Landlord’s prior written consent, which may be given or withheld in Landlord’s reasonable discretion. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or the Building; (c) will not affect the base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 7.3. Prior to starting work, Tenant shall furnish Landlord with plans and specifications; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to base Building); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Changes to the Leased Premisesplans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Upon completion, Tenant shall furnish “as-built” plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. If as a result of any Alteration made by Tenant, Landlord is obligated to comply with any Law and such compliance requires Landlord to make any improvement or Alteration to any portion of the Project, as a condition to Landlord’s consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or Alteration Landlord is obligated to complete by such Law.
(4b) No signAll improvements in and to the Premises, advertisement or notice including any Alterations, shall be inscribed, painted or affixed by remain upon the Premises at the end of the Term without compensation to Tenant, or any other person on the provided that Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryexpense, immediately to obtain in compliance with the release National Electric Code or discharge of any encumbrance that may be registered against other applicable Laws, shall, on or before the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity expiration of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the LandlordTerm, remove any or all additions or Cable. In addition, and specifically excepting any improvements made by the Tenant Landlord prior to the Leased Premises during Commencement Date, Landlord, by written notice to Tenant at least thirty (30) days prior to the Term expiration of the Term, may require Tenant, at its expense, to remove any Alterations that in Landlord’s reasonable judgment are not standard office improvements and are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Tenant shall repair all any damage caused by the installation or removal of the removal or bothCable and Required Removables.
(7c) The Tenant shall not bring onto the Leased Premises pay, when due, all claims for labor or any part of the Leased Premises any machinery, equipment materials furnished or any other thing that might alleged to have been furnished to or for Tenant at or for use in the opinion of Premises, which claims are or may be secured by any mechanic’s or materialmen’s lien against the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the PropertyProject, or any interest therein. If Tenant shall, in good faith, contest the Leased Premises or Property are damaged the validity of any such lien, Tenant shall restore furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to not less than one and one half times the Leased Premises amount of such contested lien or Property immediately claim indemnifying Landlord against liability arising out of such lien or claim. Such bond shall be sufficient in form and amount to free the Project from the effect of such lien. In addition, Landlord may require Tenant to pay to the Landlord the cost of restoring the Leased Premises or PropertyLandlord’s reasonable attorneys’ fees and costs in participating in such action.
Appears in 1 contract
Sources: Office Lease (Ladenburg Thalmann Financial Services Inc)
ALTERATIONS AND ADDITIONS. a. Except for the initial construction of the fence pursuant to Section 4(b) above, the Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises or any part thereof that will cost more than Fifteen Thousand Dollars (1$15,000.00) If without first obtaining the written consent of the Landlord, which consent the Landlord agrees not to unreasonably withhold, condition, or delay, provided that the Tenant has fully complied with each and every term, covenant, and condition in this Lease and, with respect to such alterations, additions, changes, or improvements, has provided the Landlord with such liability insurance policies and/or surety bonds as the Landlord may reasonably request.
d. Any and all alterations, additions, and improvements made by the Tenant at any time, and all governmental approvals therefor, shall be the property of the Tenant, during subject, however to the Term provisions of this Lease Section above; provided, however, that it is expressly understood and agreed that any trade fixtures or any renewal other fixtures added by the Tenant shall remain the property of the Tenant and may be removed by the Tenant, at the Tenant’s expense, upon the expiration or earlier termination of the Lease, desires provided that any damage caused thereby is immediately repaired by the Tenant.
e. The Tenant, at its own cost and expense, will cause any and all mechanics’ liens that may be filed against the Premises to make be paid and satisfied of record within thirty (30) days after the Landlord sends the Tenant written notice of the filing of any notice of lien against the Premises or other property of the Landlord, for or purporting to be for labor or materials alleged to be furnished or to be charged by or for the Tenant at the Premises, or will bond such mechanics’ liens and use its best efforts to have such liens discharged by an order of a court of competent jurisdiction within this thirty (30) day period.
f. Any alterations, improvements, or other work, once begun, must be prosecuted with reasonable diligence to completion and, subject to the provisions of subsection (e) above, be paid for by the Tenant in full, free and clear of liens or encumbrances against the Premises or the Landlord, and must be performed in all respects in accordance with all applicable rules, regulations, laws, or order of any governmental authority. The Tenant shall obtain all necessary inspections and permits prior to making any alterations or additions and shall obtain all necessary inspections and permits prior to the Leased Premisesusing altered premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of at the Tenant’s business but not including erecting a new hangar expense. The Landlord shall join in the application for such permits, licenses, or any other accessory buildingauthorizations if necessary, the Tenant may do so at his own expense provided provided, however, that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality shall incur no liability or expense in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) connection therewith. The Tenant shall be responsible for and pay the cost making of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by that are or become necessary to comply with the Americans with Disabilities Act because of any action, use, or characteristic of the Tenant or in connection with order to accommodate the needs of any other activity employee of the TenantTenant or any visitor, licensee, or invitee to the Premises.
(6) g. The Tenant shallhereby agrees to indemnify, at his own expensedefend, if requested by and hold the LandlordLandlord harmless from and against any and all claims, remove costs (including attorneys fees), judgments, liens, damages, and liabilities of every kind and description that may arise out of or be connected in any way with the Tenant’s construction, alterations, or all additions additions, and to pay or improvements made by discharge promptly any contractor's, mechanic's, or materialman's lien that may be recorded against the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation Land or the removal or bothImprovements.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Ground Lease
ALTERATIONS AND ADDITIONS. (1) If After the Tenant, during the Term of this Lease or any renewal initial installation of the LeaseCommunications Equipment, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of not make any alterations, additions, installations additions or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement roof or notice the Communications Equipment without Landlord's prior written consent. Landlord shall be inscribed, painted approve or affixed by reject the Tenant, or any other person on the Tenant’s behalf, on any part proposed installation of the outside Items within fifteen (15) days after Tenant submits (a) plans and specifications for the installation of the Hangar unless it is located along the facade Communications Equipment, (b) copies of the Hangar’s front all required governmental and provided it complies with the Landlord’s signage requirements quasi-governmental permits, licenses, and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The authorizations which Tenant agrees, will obtain at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by and (c) a certificate of insurance evidencing the Landlordcoverage required under this Lease. If Landlord fails to respond within such fifteen (15) day period, remove any or all Landlord shall be conclusively deemed to have approved the alterations, additions or improvements made by set forth in the Tenant documentation submitted to the Leased Premises during the Term and shall repair all damage caused by Landlord. Landlord may withhold approval if the installation or operation of the removal Items may damage the structural integrity of the Building, reduce the amount of leasable space in the Building, detract from the appearance of the Building, or both.
for any other reasonable ground. Tenant may utilize contractor(s) of its choice for the installation of, and repairs to the Communications Equipment (7) The subject to Landlord's approval). Landlord may require that any installation or other work be done under the supervision of Landlord's employees or agents, and in a manner so as to avoid damage to the Building. All installation work shall be performed in a good and workmanlike manner, in accordance with all governmental requirements. Nothing herein shall be deemed to make Landlord liable for the safety, effectiveness or reliability of such Communications Equipment and, subject to Section 6.6 of -24- Tenant Initials /s/ SEO ------- Landlord Initials /s/ AN ------- this Lease, Tenant shall not bring onto the Leased Premises indemnify and hold Landlord harmless from and against any claim or any part of the Leased Premises any machinery, equipment liability arising from or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay related to the Landlord the cost adequacy of restoring the Leased Premises or Propertysuch plans, specifications and installation.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If a. Tenant shall not make any additions, alterations or improvements to the TenantPremises without obtaining the prior written consent of Landlord. ▇▇▇▇▇▇▇▇'s consent may be conditioned on ▇▇▇▇▇▇'s removing any such additions, during alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion.
b. Tenant shall pay the costs of this Lease any work done on the Premises pursuant to Section 12a, and shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any renewal person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, and any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall give Landlord notice of the Lease, desires intended commencement date a sufficient time before that date to make any alterations or additions enable Landlord to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment post notices of the Tenant’s business but not including erecting a new hangar non-responsibility or any other accessory buildingnotices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building or the Tenant may do so Project, and Landlord shall have the right to enter the Premises and post such notices at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsreasonable time.
c. Landlord may require, at ▇▇▇▇▇▇▇▇'s sole option, that Tenant provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to at least one and one-half (21 1/2) The Tenant shall pay Rent at times the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the total estimated cost of any alterations, additions, installations alterations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on in or to the Leased Premises, to protect Landlord against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and Project free of all liens.
(4) No signd. Unless their removal is required by Landlord as provided in Section 12a, advertisement or notice all additions, alterations and improvements made to the Premises shall become the property of Landlord and be inscribed, painted or affixed by surrendered with the Tenant, or any other person on Premises upon the Tenant’s behalf, on any part expiration of the outside Term; provided, however, Tenant's equipment, machinery and trade fixtures which can be removed without damage to the Premises shall remain the property of the Hangar unless it is located along the facade of the Hangar’s front Tenant and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryremoved, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations subject to the Leased Premises made by the Tenant or in connection with any other activity provisions of the TenantSection 13b.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Tenant shall be permitted to make any alterations, improvements, additions, or installations (1“Improvements”) If in, on or about the Premises; provided, however, that Tenant shall not make any of the following Improvements without the consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed: (i) any Improvement which will result in a modification to the footprint of any load bearing exterior wall of any building or any material portion thereof located on any Parcel; (ii) any single project of which one or more Improvements is a part costing (including all costs that are capitalized according to GAAP standards) in excess of Fifteen Million Dollars ($15,000,000); (iii) any Improvement which will render any building on any Parcel unusable for the general purpose for which such building was used prior to the construction of such Improvement. Tenant shall be responsible for payment of all governmental fees and costs imposed in connection with the Improvements and/or the use of the Premises by Tenant, and Landlord shall not have any obligation in that regard. Tenant shall properly construct any and all Improvements in compliance with all applicable laws and shall not make Improvements which reduce the fair market value of the Premises. Promptly after the completion of any Improvements, Tenant shall provide Landlord with as-built plans and specifications for such Improvements. All Improvements which may be made on the Premises by Tenant or any subtenant shall be made in compliance with all applicable Regulations, and any such Improvements shall be the sole and exclusive property of Tenant during the Term of this Lease; provided that any such Improvements (other than Tenant’s trade fixtures and personal property, which Tenant may elect to remove at the expiration or earlier termination of this Lease pursuant to Section 25) shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration or any renewal prior termination of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Lease Agreement (Tribune Co)
ALTERATIONS AND ADDITIONS. (1a) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of not make any alterations, additionsrepairs, installations additions or improvements that any governing authority, municipal, provincial or otherwise, may require (collectively referred to be made as “Alteration(s)”) in, on or about the Premises or the Project without Landlord’s prior written consent, which shall not be unreasonable withheld or delayed. Tenant’s proposed floor plan, attached as Exhibit C and any minor modifications thereto are hereby approved by Landlord. However, ▇▇▇▇▇▇▇▇’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or the Building; (c) will not affect the base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 7.3. Prior to starting work, Tenant shall furnish Landlord with plans and specifications; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to base Building); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Material changes to the Leased Premisesplans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner.. Upon completion, Tenant shall furnish “as-built” plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. ▇▇▇▇▇▇▇▇’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. If as a result of any Alteration made by Tenant, Landlord is obligated to comply with any Law and such compliance requires Landlord to make any improvement or Alteration to any portion of the Project, as a condition to Landlord’s consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or Alteration Landlord is obligated to complete by such Law.
(4b) No signAll improvements in and to the Premises, advertisement or notice including any Alterations, but excluding ▇▇▇▇▇▇’s personal property, shall be inscribed, painted or affixed by remain upon the Premises at the end of the Term without compensation to Tenant, or any other person on the provided that Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryexpense, immediately to obtain in compliance with the release National Electric Code or discharge of any encumbrance that may be registered against other applicable Laws, shall, on or before the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity expiration of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the LandlordTerm, remove any or all additions or Cable. In addition, and specifically excepting any improvements made by the Tenant Landlord prior to the Leased Premises during Commencement Date, Landlord, by written notice to Tenant at least thirty (30) days prior to the Term expiration of the Term, may require Tenant, at its expense, to remove any Alterations that in Landlord’s reasonable judgment are not standard office improvements and are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Tenant shall repair all any damage caused by the installation or removal of the removal or bothCable and Required Removables.
(7c) The Tenant shall not bring onto the Leased Premises pay, when due, all claims for labor or any part of the Leased Premises any machinery, equipment materials furnished or any other thing that might alleged to have been furnished to or for Tenant at or for use in the opinion of Premises, which claims are or may be secured by any mechanic’s or materialmen’s lien against the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the PropertyProject, or any interest therein. If Tenant shall, in good faith, contest the Leased Premises or Property are damaged the validity of any such lien, Tenant shall restore furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to not less than one and one half times the Leased Premises amount of such contested lien or Property immediately claim indemnifying Landlord against liability arising out of such lien or claim. Such bond shall be sufficient in form and amount to free the Project from the effect of such lien. In addition, Landlord may require Tenant to pay to the Landlord the cost of restoring the Leased Premises or PropertyLandlord’s reasonable attorneys’ fees and costs in participating in such action.
Appears in 1 contract
Sources: Office Lease (Douglas Elliman Inc.)
ALTERATIONS AND ADDITIONS. (1) If a. Tenant shall not make any additions, alterations or improvements to the Premises without obtaining the prior written consent of Landlord. Landlord's consent may be conditioned on Tenant's removing any such additions, during alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion. If any such work is performed by a contractor selected by Tenant and approved by Landlord, Tenant shall pay to Landlord, upon completion of this Lease any such work, an administrative fee of five percent (5%) of the cost of the work. If any such work is performed by Landlord's contractor, Tenant shall pay to Landlord, upon completion of any such work, an administrative fee of fifteen percent (15%) of the cost of the work.
b. Tenant shall pay the costs of any work done on the Premises pursuant to Section 12a, and shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any renewal person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, and any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall give Landlord notice of the Lease, desires intended commencement date a sufficient time before that date to make any alterations or additions enable Landlord to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment post notices of the Tenant’s business but not including erecting a new hangar non-responsibility or any other accessory buildingnotices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building or the Tenant may do so Project, and Landlord shall have the right to enter the Premises and post such notices at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsreasonable time.
c. Landlord may require, at Landlord's sole option, that Tenant provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to at least one and one-half (21 1/2) The Tenant shall pay Rent at times the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the total estimated cost of any alterations, additions, installations alterations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on in or to the Leased Premises, to protect Landlord against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and Project free of all liens.
(4) No signd. Unless their removal is required by Landlord as provided in Section 12a, advertisement or notice all additions, alterations and improvements made to the Premises shall become the property of Landlord and be inscribed, painted or affixed by surrendered with the Tenant, or any other person on Premises upon the Tenant’s behalf, on any part expiration of the outside Term; provided, however, Tenant's equipment, machinery and trade fixtures which can be removed without damage to the Premises shall remain the property of the Hangar unless it is located along the facade of the Hangar’s front Tenant and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryremoved, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations subject to the Leased Premises made by the Tenant or in connection with any other activity provisions of the TenantSection 13b.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Lease Agreement (Air Methods Corp)
ALTERATIONS AND ADDITIONS. (1a) If the TenantTenant shall not, during the Term of this Lease or any renewal of the Leasewithout Landlord’s prior written consent, desires to make any alterations or additions to the Leased Premisesalterations, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterationsimprovements, additions, installations or improvements that physical additions of any governing authority, municipal, provincial or otherwise, may require to be made kind (the “Alterations”) in, on or about the Premises during the Lease Term. Tenant shall make no change or modification to the Leased exterior of the Building without Landlord’s prior written consent. Landlord may require that Tenant remove any or all of said Alterations at the expiration or earlier termination of the Lease Term, and restore the Premises to their prior condition, at Tenant’s sole cost and expense. All Alterations shall be completed in compliance with all Applicable Laws, and any rules and regulations for construction of Landlord, and sustainable guidelines and procedures, using new or comparable materials only, by a contractor approved in writing by Landlord, and on days and at times approved in writing by Landlord. Tenant shall be solely responsible for the installation and maintenance of its data, telecommunication, and security systems and wiring at the Premises, which shall be done in compliance with all Applicable Laws, the requirements of Sections 7.3, 7.5 and 7.6 above, and any applicable Landlord rules and regulations. In connection with any Alterations, Landlord may require Tenant to provide Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Should Tenant make any Alterations without the prior written approval of Landlord, Landlord may require that Tenant remove any or all of the same at Tenant’s sole cost and expense. Notwithstanding the foregoing, ▇▇▇▇▇▇▇▇’s consent shall not be required for any Alteration costing less than $_________ provided that it: (i) is nonstructural; (ii) does not impact any of the building systems, involve electrical or drywall work, require a building permit, or materially affect the air quality in the Building; and (iii) is not visible from outside of the Premises.
(4b) No signTenant shall provide to Landlord prior written notice of its intention to perform any Alteration, advertisement together with a certificate of insurance from each contractor evidencing that insurance is in effect during all construction activities in an amount reasonably required by Landlord and naming Landlord as an additional insured. Any Alterations in, on, or notice about the Premises that Tenant shall desire to make, and which requires the consent of Landlord, shall be inscribedpresented to Landlord in written form, painted with proposed detailed plans. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies (including the Permitting Authority), the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall not overload any floor or affixed part thereof in the Premises or the Building, including any public corridors or elevators, by the Tenantbringing in, placing, storing, installing or removing any large or heavy articles, and Landlord may prohibit, or any may direct and control the location and size of, safes and all other person on the heavy articles, and may require, at Tenant’s behalfsole cost and expense, on any part supplementary supports of such material and dimensions as Landlord may deem necessary to properly distribute the outside of the Hangar unless it is located along the facade of the Hangar’s front weight. All Alteration work shall be performed in a good and provided it complies workmanlike manner, free from faults and defects and in accordance with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingplans therefor.
(5c) The Tenant agreesshall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at its own expense and by whatever means or for use in the Premises, which claims are or may be necessary, immediately secured by any mechanics’ or materialmen’s liens against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days’ notice prior to obtain the release or discharge commencement of any encumbrance that may be registered against work in the Landlord’s property Premises, and Landlord shall have the right to post notices of non-responsibility in connection with or on the Premises as provided by Applicable Law. If Tenant shall, in good faith, contest the validity of any additions such lien, claim or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The demand, then Tenant shall, at his own expenseits sole cost and expense defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or the Premises, upon the condition that if requested by the Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord, remove any in an amount equal to 150% of such contested lien claim or all additions demand, indemnifying Landlord against liability for the same and holding the Premises free from the effect of such lien or improvements made by the claim. In addition, Landlord may require Tenant to the Leased Premises during the Term pay Landlord’s attorneys’ fees and costs in participating in such action if Landlord shall repair all damage caused by the installation or the removal or bothdecide it is in its best interest to do so.
(7d) The Tenant Unless Landlord requires their removal, as set forth in Section 10(a), all Alterations (whether or not such Alterations constitute trade fixtures of Tenant), which may be made on and affixed to the Premises, shall not bring onto become the Leased property of Landlord and remain upon and be surrendered with the Premises at the expiration or any part earlier termination of the Leased Premises any machineryLease Term. Notwithstanding the provisions of this Section, equipment or any Tenant’s machinery and equipment, other thing than that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay which is affixed to the Landlord Premises so that it cannot be removed without material damage to the cost Premises, as well as all personal property incorporating Tenant’s intellectual property rights, shall be and remain the property of restoring Tenant and may be removed by Tenant subject to the Leased Premises or Propertyprovisions of Section 28.1 (Surrender).
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. (1a) If Not to make any alteration or addition to any part of the Tenant, during structure of the Term Building or the external elevations thereof nor to merge the Demised Premises with any adjoining premises and not to alter or change any of this Lease the architectural features (whether external or internal) of the Demised Premises.
(b) Not without the consent of the Landlord nor otherwise than in accordance with plans approved by the Landlord (such consent and approval not to be unreasonably withheld) and under the supervision and to the reasonable satisfaction of the Landlord’s Surveyor to make any other alteration or addition in or to the Demised Premises or any renewal part thereof including is particular any Conduits electrical equipment and installations of any description Provided That:
(i) the Landlord may in its absolute discretion seek such advice as the Landlord shall require from surveyors and other professional advisers in connection with any such application for consent;
(ii) the Landlord may as a condition of giving any such consent and approval require the Tenant to enter into such covenants with the Landlord as the Landlord may reasonably require in regard to the execution of any such works or otherwise;
(iii) the Tenant shall if so requested by the Landlord reinstate the Demised Premises at the end or sooner determination of the Lease, desires Term;
(iv) the Tenant shall not make any addition or alteration to make the Demised Premises which might weaken the structure of the Building;
(v) in the case of any works of a substantial nature if the Landlord shall so require prior to the commencement of such works the Tenant shall provide adequate security on terms reasonably required by the Landlord in the form of a deposit of money or the provision of a bond to ensure that any alterations which may from time to time be permitted by the Landlord shall be fully completed;
(vi) the Landlord may in its absolute discretion refuse its consent to any alteration addition or amendment to the Demised Premises which may be visible from the exterior of the Building;
(vii) the Landlord will not unreasonably withhold consent to non-structural internal alterations;
(viii) all proposals for any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, Demised Premises shall first be submitted by the Tenant to the Landlord accompanied by all relevant detailed plans, drawings, elevations, sections and specifications and such other information as may do so at his own expense provided that any and all be reasonably required.
(c) All alterations or additions to the Leased electrical equipment and installations of the Demised Premises made shall be carried out in accordance with the terms conditions and recommendations from time to time laid down by the Tenant must comply with any requirement Institution of Electrical Engineers and the regulations of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationselectricity supply authority.
(2d) The Tenant shall pay Rent Notwithstanding the foregoing not at any time to commence any development within the rate prescribed in paragraph 3 above based upon the area meaning of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or Planning Acts in relation to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with Demised Premises without the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is prior consent which shall not be unreasonably withheld Provided That it shall in good workmanlike manner. No other sign, advertisement or notice shall any event be erected unless it has been approved in every respect by reasonable for the Landlord in writing.
(5) The to withhold its consent unless the Landlord shall first be satisfied that the proposed development is properly authorised by law and that the Tenant agrees, at its own expense will indemnify and by whatever means keep the Landlord fully and effectually indemnified from and against any tax charge or levy for which the Landlord may be necessary, immediately to obtain the release or discharge become liable as a result of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made such proposed development being carried out by the Tenant or in connection with any other activity of the Tenant.
(6e) Not without the consent of the Landlord to change or make any application to change the name of the Building from The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or bothSchrodinger Building.
(7f) The Tenant shall not bring onto Not to install blinds at the Leased Demised Premises or any part of the Leased Premises any machineryother than blinds which are Shade Tech Beta Screen 70, equipment or any other thing that might in the opinion of colour BS702 Charcoal/grey, without the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property’s consent.
Appears in 1 contract
Sources: Lease (Exscientia LTD)
ALTERATIONS AND ADDITIONS. (1) If Tenant may remodel and alter the Tenantbuilding located upon the Leased Premises according to its needs, during provided that:
a. The written consent of Landlord in each instance is first obtained for all exterior or structural changes, which consent shall not be unreasonably withheld, or delayed. Landlord has been exhibited Rattlesnake's standard sign and has pre-approved same, provided all necessary permits are procured from the Term of this Lease or any renewal of the Lease, desires to make any governing municipality.
b. Any such alterations or additions consented to shall be erected and finished in accordance with the Leased Premisesplans and specifications therefor, including but not limited to; erecting partitionsin a good and workmanlike manner and in such manner as to comply in all respects with the rules and regulations of any state, attaching equipmentmunicipal, or other governmental authority having jurisdiction there over;
c. Tenant shall promptly pay for all such alterations and additions, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that shall discharge any and all liens filed against the Leased Premises arising out of such alterations or additions and shall indemnify, defend, and hold Landlord harmless from any claims by any contractors, subcontractors, materialmen or workers for any amounts granted by them in connection therewith; and
d. Tenant shall indemnify, defend and hold Landlord harmless from any and all loss, damage, liability, cost or expense incurred by reason of any injury to any person or persons or property arising directly or indirectly out of such alterations or additions.
e. If, because of any act or omission (or alleged act or omission) of Tenant or anyone claiming through Tenant, any mechanic's or other lien, charge or for the payment of money or other encumbrance shall be filed against any portion of the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal (whether or provincial statutesnot such charge, rules order or regulations.
(2encumbrance is valid or enforceable as such) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own its cost and expense, if requested cause same to be discharged or bonded within thirty (30) days (or such shorter time as may be required under any mortgage provided Tenant is given notice of such shorter period) after notice to Tenant of the filing or imposition thereof; and Tenant does hereby indemnify and hold Landlord harmless from all losses, damages, expenses, liabilities, suits, penalties, claims and obligations, including, without limitation, reasonable attorney's fees resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option to either pay the same or to discharge the same by bonding and Tenant hereby agrees to reimburse Landlord (as additional rent) for all reasonable costs, damages and expenses resulting therefrom or incurred in connection therewith, together with interest thereon at the Landlordthen Prime Rate of Citibank, remove N.A. plus three (3%) per cent promptly upon demand. Tenant acknowledges that after three (3) years, or when the corporate guarantee of Rattlesnakes Holding Co., Inc., shall terminate, any alteration, addition or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The construction in excess of $10,000.00, Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machineryfurnish a performance bond from a company reasonably acceptable to Landlord or, equipment or any other thing that might in the opinion alternative, a guarantee of the performance by Rattlesnakes Holding Co., in a form and manner reasonably acceptable to Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1a) If Tenant shall not make any additions, alterations or improvements to the Premises without obtaining the prior written consent of Landlord. Landlord's consent may be conditioned on Tenant's removing any such additions, during alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion.
(b) Tenant shall pay the costs of this Lease any work done on the Premises pursuant to Section 12(a) above, and shall keep the Premises, Building and Project free and clear of liens of any kind or nature. Tenant hereby indemnifies, defends against and keeps Landlord free and harmless from and against any and all liability, loss, damage, costs, attorneys' fees (of counsel selected by Landlord) and any other expense incurred by Landlord on account of, or as a result of, or due to, claims by any person performing work or furnishing materials or supplies for Tenant or any renewal person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, and any additions or improvements which are, or become, the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall give Landlord notice of the Lease, desires intended commencement date a sufficient time before that date to make any alterations or additions enable Landlord to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment post notices of the Tenant’s business but not including erecting a new hangar non-responsibility or any other accessory buildingnotices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building or the Tenant may do so Project, and landlord shall have the right to enter the Premises and post such notices at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsreasonable time.
(2c) The Landlord may require, at Landlord's sole option, that Tenant shall pay Rent provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to at least one and one-half (1 1/2) times the rate prescribed total estimated cost of any additions, alterations or improvements to be made in paragraph 3 above based upon or to the area Premises, to protect Landlord against any liability for mechanics and materialmen's liens and to insure timely completion of the Hangar subsequent work. Nothing contained in this Section 12(c) shall relieve Tenant of its obligation under Section 12(b) above to any addition or alterationkeep the Premises, Building and Project free of all liens.
(3d) The Tenant shall be responsible for and pay the cost of any alterationsUnless their removal is required by Landlord, as provided in Section 12(a) above, all additions, installations or alterations and improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice Premises shall become the property of Landlord and be inscribed, painted or affixed by surrendered with the Tenant, or any other person on Premises upon the Tenant’s behalf, on any part expiration of the outside of the Hangar unless it is located along the facade of the Hangar’s front Term; provided, however, Tenant's equipment, machinery and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means trade fixtures which may be necessary, immediately removed without damage to obtain the release or discharge Premises shall remain the property of any encumbrance that Tenant and may be registered against the Landlord’s property in connection with any additions or alterations removed, subject to the Leased Premises made by the Tenant or in connection with any other activity provisions of the TenantSection 13(b) below.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Leaseit, desires to make any alterations or additions to the Leased Premises, including but not limited to; : erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory buildingbusiness, the Tenant may do so at their own expense, at any time and from time to time, the following conditions are met:
(a) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold his own expense provided that approval.
(i) and items included in the plan which are regarded by the Tenant as “Trade Fixtures” shall be designated as such on the plan;
(b) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(43) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the inside or outside of the Hangar building in which the Premises are located unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord.
(4) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant’s Trade Fixtures, shall immediately become the property of the Landlord in writingwithout compensation to the Tenant.
(5) The Tenant agrees, at its his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may me be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) If the Tenant has complied with his obligations according to the provisions of this Lease, the Tenant may remove his Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant’s Trade Fixtures.
(7) Other than as provided in paragraph 7 (6) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances:
(a) the removal is in the ordinary course of business;
(b) the Trade Fixture has become unnecessary for the Tenant’s business or is being replaced by a new or similar Trade Fixture; or
(c) the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
(8) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(79) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or of any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or overload the Property. If floors of the Leased Premises;
(a) and if the Premises or Property are damaged or overloaded the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyPremises.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. a. Except for the initial development of the Projectconstruction of the fence pursuant to Section 4(b) above, the Tenant shall not make or permit to be made any alterations, additions, or improvements in or to the Premises or any part thereof that will cost more than Fifteen Thousand Dollars (1$15,000.00) If without first obtaining the written consent of the Landlord, which consent the Landlord agrees not to unreasonably withhold, condition, or delay, provided that the Tenant has fully complied with each and every term, covenant, and condition in this Lease and, with respect to such alterations, additions, changes, or improvements, has provided the Landlord with such liability insurance policies and/or surety bonds as the Landlord may reasonably request. Notwithstanding the previous sentence, the Tenant shall not be required to obtain the Landlord’s consent for routine repair or maintenance or internal renovations consistent with the permitted emergency medical use of the Premises provided that the internal renovations do not affect any structural element of the Improvements.
b. The Tenant shall submit to the Landlord with any request for consent detailed plans and specifications of such proposed alterations, additions, or improvements, which plans and specifications may be retained by the Landlord. The Landlord shall be entitled to withhold its consent to any such alterations, additions, or improvements until such time as the Tenant provides the Landlord with reasonable evidence of the approval of such alterations, additions, or improvements by any and all municipal, state, federal, or other governmental or other authorities having jurisdiction over the Premises, which approvals the Tenant shall obtain at its own cost and expense.
c. The Landlord, and its architect, agents and employees, shall have the right to enter upon the Premises in a reasonable manner and at all reasonable times during the course of any such alterations, additions, or improvements for the purpose of inspection to determine whether such work conforms to the approved plans and specifications and with the agreements contained in this Lease.
d. Any and all alterations, additions, and improvements made by the Tenant at any time, and all governmental approvals therefor, shall be the property of the Tenant, during subject, however to the Term provisions of this Lease Section above; provided, however, that it is expressly understood and agreed that any trade fixtures or any renewal other fixtures added by the Tenant shall remain the property of the Tenant and may be removed by the Tenant, at the Tenant’s expense, upon the expiration or earlier termination of the Lease, desires provided that any damage caused thereby is immediately repaired by the Tenant.
e. The Tenant, at its own cost and expense, will cause any and all mechanics’ liens that may be filed against the Premises to make be paid and satisfied of record within thirty (30) days after the Landlord sends the Tenant written notice of the filing of any notice of lien against the Premises or other property of the Landlord, for or purporting to be for labor or materials alleged to be furnished or to be charged by or for the Tenant at the Premises, or will bond such mechanics’ liens and use its best efforts to have such liens discharged by an order of a court of competent jurisdiction within this thirty (30) day period.
f. Any alterations, improvements, or other work, once begun, must be prosecuted with reasonable diligence to completion and, subject to the provisions of subsection (e) above, be paid for by the Tenant in full, free and clear of liens or encumbrances against the Premises or the Landlord, and must be performed in all respects in accordance with all applicable rules, regulations, laws, or order of any governmental authority. The Tenant shall obtain all necessary inspections and permits prior to making any alterations or additions and shall obtain all necessary inspections and permits prior to the Leased Premisesusing altered premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of at the Tenant’s business but not including erecting a new hangar expense. The Landlord shall join in the application for such permits, licenses, or any other accessory buildingauthorizations if necessary, the Tenant may do so at his own expense provided provided, however, that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality shall incur no liability or expense in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) connection therewith. The Tenant shall be responsible for and pay the cost making of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by that are or become necessary to comply with the Americans with Disabilities Act because of any action, use, or characteristic of the Tenant or in connection with order to accommodate the needs of any other activity employee of the TenantTenant or any visitor, licensee, or invitee to the Premises.
(6) g. The Tenant shallhereby agrees to indemnify, at his own expensedefend, if requested by and hold the LandlordLandlord harmless from and against any and all claims, remove costs (including attorneys fees), judgments, liens, damages, and liabilities of every kind and description that may arise out of or be connected in any way with the Tenant’s construction, alterations, or all additions additions, and to pay or improvements made by discharge promptly any contractor's, mechanic's, or materialman's lien that may be recorded against the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation Land or the removal or bothImprovements.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Ground Lease
ALTERATIONS AND ADDITIONS. (1a) If No consent of Landlord shall be required for the Tenant, during installation of any trade fixtures of Tenant that are not affixed to the Term Premises or other interior alterations such as painting or carpeting so long as the total cost of this Lease or such alterations in any renewal year does not exceed $50,000 and does not affect the exterior appearance of the LeaseBuilding, desires to structural portions of the Building, or Building systems. Except as provided above, Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations alterations, improvements, remodeling or additions to either the Leased interior or exterior of the Premises or to fixtures installed therein, or paint, drill or in any way deface any portion of the Premises. Landlord may condition any approval upon such requirements as Landlord reasonably deems appropriate, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of requirements as to the Tenant’s business but not including erecting a new hangar or any other accessory buildingmanner in which, the Tenant may do so time at his own expense provided that any which and all alterations the contractor(s) by whom such work shall be done. All alterations, improvements, remodeling or additions shall be subject to the Leased Premises made provisions of Section 17.04, Section 17.06 and Exhibit E hereof. Tenant shall be responsible, at its sole cost and expense, with complying with all legal requirements (including the making of any structural or capital improvements to the Building) which are caused or triggered by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations▇▇▇▇▇▇’s work.
(2b) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any All alterations, improvements, remodeling, additions, installations fixtures or improvements that any governing authoritytrade fixtures, municipal, provincial or otherwise, may require to be made in, on or which are installed in the Premises and attached to the Leased Premises.
(4) No signfloor, advertisement walls or notice ceiling of the Premises and any floor covering which is cemented or otherwise affixed to the Premises shall be inscribedthe property of Landlord and shall remain upon and be surrendered with the Premises at the termination of this Lease, painted unless Landlord shall direct Tenant to remove such items (or affixed some of them), by written notice given at the Tenant, or any other person on the Tenanttime of Landlord’s behalf, on any part approval of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike mannerrelevant work. No other sign, advertisement or notice Tenant shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term such items and shall repair all any damage caused by such removal at Tenant’s sole cost, prior to the installation expiration of this Lease, or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion event of the Landlordan early termination, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Propertywithin ten (10) days after ▇▇▇▇▇▇▇▇’s notice.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. 8.1 Tenant shall be entitled, at its own cost and expense, to construct, install, erect, maintain, repair and operate the Facility on the Facility Site. If Tenant constructs the Facility, then it shall obtain and maintain in force all Governmental Approvals necessary or appropriate in connection therewith.
8.2 Landlord's approval shall not be required for Tenant's minor alterations or additions to the Facility, so long as such alterations or additions does not have a Construction Cost in excess of One Million Dollars (1) If $1,000,000). As used herein, the Tenantterm "CONSTRUCTION COST" collectively includes all costs that would constitute the basis of a valid claim or claims under the mechanic's lien Laws, during including, without limitation, costs for any demolition or removal of existing improvements, equipment or machinery or parts thereof, as well as costs for the Term preparation, construction and completion of this Lease new improvements, equipment or any renewal machinery. Any alterations or additions to the Facility which have a Construction Cost in excess of One Million Dollars ($1,000,000), shall require Landlord's prior written content, which shall not unreasonably be withheld. Construction of the LeaseFacility, desires and any alterations and additions thereto, whether or not requiring Landlord's consent hereunder, shall be completed in a good and workmanlike manner and of good quality and materials.
8.3 Tenant shall use only reputable licensed contractors in constructing and repairing the Facility and in making any alterations or additions thereto, and Landlord may require Tenant to provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such construction and/or such alterations or additions, as the case may be, to insure Landlord against liability for any mechanic's and materialmen's liens and to ensure completion of the work. Should Tenant make any alterations or additions without the prior written consent of Landlord where such consent is required hereunder, or use other than a reputable licensed contractor, Landlord may, at any time during the term of this Lease, require that Tenant remove any part or all of the same from the Premises.
8.4 Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use on the Leased Premises, including but which claims are or may be secured by any mechanic's or materialmen's lien against the Premises, the Facility or any interest therein.
8.5 Tenant shall give Landlord not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment less than ten (10) days notice prior to Tenant's commencement of construction of the Tenant’s business but not including erecting a new hangar Facility or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions thereto, and Landlord shall have the right to post notices of non-responsibility in or on the Leased Premises made as provided by Law. If Tenant shall, in good faith, contest the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost validity of any alterationsmechanic's or materialmen's lien or claim, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The then Tenant shall, at his own its sole expense, defend itself and Landlord against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof, upon the condition that if requested by Landlord shall so require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien or claim, indemnifying Landlord against liability for the same and holding the Premises, the Facilities and Landlord's Facilities free from the effect of such lien or claim. In addition, remove any or all additions or improvements made by the Landlord may require Tenant to the Leased Premises during the Term pay Landlord's reasonable attorneys' fees and costs in participating in such action, if Landlord shall repair all damage caused by the installation or the removal or bothdecide it is in Landlord's best interest to so participate.
(7) The Tenant 8.6 Notwithstanding any other provision of this Lease, the Facility and all of Tenant's other fixtures and personal property, whether or not affixed to the Premises, shall be deemed severed from and not bring onto the Leased Premises or any a part of the Leased Premises any machineryunderlying real property and shall not merge therewith, equipment or any other thing that might in the opinion of the Landlordand, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay subject to the rights of Landlord under Section 9.3 hereof, shall remain the cost property of restoring Tenant at all times during and after the Leased Premises or Propertyterm of this Lease, and may be removed by Tenant from the Premises.
Appears in 1 contract
Sources: Ground Lease (Ce Generation LLC)
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant not, without Landlord's prior written consent, which consent shall not be responsible for and pay the cost of unreasonably withheld, make any alterations, additions, improvements or utility installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made ("Alterations") in, on or about the Premises. Landlord hereby consents to all nonstructural Alterations to the Leased interior of the Premises.
, the cost of which does not exceed $100,000.00 in the aggregate in any one Lease Year. As a condition to its consent, Landlord may require (4a) No signAlterations to be made under the supervision of a competent architect or structural engineer in accordance with plans and specifications approved in advance by Landlord, advertisement and (b) Tenant to provide Landlord, at Tenant's sole cost and expense, with a lien and completion bond in an amount equal to one and one-quarter times the estimated cost of such Alterations to insure Landlord against any liability for liens and to insure completion of such Alterations. In determining whether to grant or notice deny such consent, Landlord may also consider the aesthetics of any proposed Alterations and whether such Alterations would enhance the physical appearance and value of the Premises. Upon completion of any Alterations, Tenant agrees to (i) cause a Notice of Completion to be recorded in the Office of the County Recorder in the County of Orange in accordance with Section 3093 of the California Civil Code, and (ii) cause Tenant's Architect to complete and sign the Architect's Certificate in the form attached hereto as Exhibit "H". All such Alterations shall be inscribeddone in a good, painted or affixed by the Tenantworkmanlike manner, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front shall be diligently prosecuted to completion and provided it complies with the Landlord’s signage requirements shall be performed and done strictly in accordance with all applicable governmental statutes, laws, by-laws rules, regulations, ordinances and regulations and is in good workmanlike mannerorders, including, without limitation the State of California Title 24 Energy Regulations. No other signIn any event, advertisement or Tenant shall give Landlord not less than 30 days' written notice shall be erected unless it has been approved in every respect by prior to the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge commencement of any encumbrance that may be registered against Alterations and Landlord shall have the Landlord’s property in connection with any additions right to post notices of nonresponsibility on or alterations to about the Leased Premises made by the Tenant or in connection with any other activity of the TenantPremises.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If Lessee shall not make, or suffer to be made, any alterations, improvements, or additions in, on, or about, or to the Tenant, during the Term of this Lease Premises or any renewal of part thereof, except those improvements that are nonstructural in nature and do not affect the Lease, desires to make any alterations or additions to the Leased Premises, building mechanical systems including but not limited to; erecting partitionsto the electrical, attaching equipmentplumbing, and installing necessary furnishings HVAC systems without prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or additional equipment delayed, and without a valid building permit issued by the appropriate governmental authority. In the event of any alteration, addition or improvements to the Tenant’s business but Premises, Lessee shall provide Lessor notification by submission of plans. As it pertains to structural alterations or improvements, Lessor retains, at his sole option, the right to retain a General Contractor of his own choosing, provided that said General Contractor is competitive in its costs, to perform all repairs, alterations, improvements, or additions in, on, about, or to said Premises or any part thereof. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions made by Lessee at the termination of this Lease and to restore the Premises to their prior condition, provided that Lessor notifies Lessee of its obligation to do so at the time of providing its consent to such alterations. Any alteration, addition, or improvement to the Premises shall become the property of Lessor upon installation, and shall remain upon and be surrendered with the Premises at the termination of this Lease. Alterations and additions which are not including erecting a new hangar to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other accessory buildinginstallation which has become an integral part of the Premises (except for Lessee’s signage). Notwithstanding anything to the contrary herein, if, during the Tenant may do so at his own expense provided that term hereof, any alteration, addition, or change of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by law, regulation, ordinance, or order of any public agency then if such legal requirement is not imposed because of Lessee’s specific use of the Premises and all is not “triggered” by Lessee’s alterations or additions to the Leased Premises made by the Tenant must comply with Lessee’s application for a building permit or any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality other governmental approval (in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant instance Lessee shall be responsible for and pay 100% of the cost of any alterationssuch improvement) and if such legal requirement was not in effect on the Lease Commencement Date, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice Lessor shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part responsible for constructing such improvement and Lessee shall be responsible for its proportional share of the outside cost for said improvement, amortized over the useful life of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies such improvement that coincides with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingremaining Lease term including any extensions.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Lease (Zoran Corp \De\)
ALTERATIONS AND ADDITIONS. (1) If a. Tenant shall not make any additions, alterations or improvements to the Premises without obtaining the prior written consent of Landlord which consent may not be unreasonably withheld. Landlord’s consent may be conditioned on Tenant’s removing any such additions, during alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion. Landlord may, at Landlord’s option, require that any such work be performed by Landlord’s contractor, in which case the cost of this Lease such work shall be paid for before commencement of the work.
b. Tenant shall pay the costs of any work done on the Premises pursuant to Section 12a, and shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys’ fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any renewal person claiming under Tenant. Tenant shall keep Tenant’s leasehold interest, and any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall give Landlord notice of the Lease, desires intended commencement date a sufficient time before that date to make any alterations or additions enable Landlord to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment post notices of the Tenant’s business but not including erecting a new hangar non-responsibility or any other accessory buildingnotices which Landlord deems necessary for the proper protection of Landlord’s interest in the Premises, Building or the Tenant may do so Project, and Landlord shall have the right to enter the Premises and post such notices at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsreasonable time.
c. Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord, at Tenant’s expense, a lien and completion bond in an amount equal to at least one and one-half (1 2) The Tenant shall pay Rent at times the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the total estimated cost of any alterations, additions, installations alterations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on in or to the Leased Premises, to protect Landlord against any liability for mechanic’s and materialmen’s liens and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and Project free of all liens.
(4) No signd. Unless their removal is required by Landlord as provided in Section 12a, advertisement or notice all additions, alterations and improvements made to the Premises shall become the property of Landlord and be inscribedsurrendered with the Premises upon the expiration of the Term; provided, painted or affixed by the Tenanthowever, or any other person on the Tenant’s behalfequipment, on any part machinery and trade fixtures which can be removed without damage to the Premises shall remain the property of the outside of the Hangar unless it is located along the facade of the Hangar’s front Tenant and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryremoved, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations subject to the Leased Premises made by the Tenant or in connection with any other activity provisions of the TenantSection 13b.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Office Building Lease (Techniscan)
ALTERATIONS AND ADDITIONS. (1a) If Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an “Alteration” and collectively as the “Alterations”) to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord shall have the right in Landlord’s sole and absolute discretion to consent or to withhold its consent to any Alteration which would adversely affect the structural portions of the Premises, the Building or the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof. Landlord acknowledges that Landlord has approved Tenant’s Plans for the Phase I Premises and the Phase II Premises Tenant Improvements as specified in Paragraph 12(i) below.
(b) Subject to any applicable Tenant Improvement Allowance payable by Landlord, any Alteration to the Premises shall be at Tenant’s sole cost and expense, in compliance with all applicable Laws and all reasonable requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a Tenant contractor approved in writing by Landlord. Landlord hereby approves ▇▇▇▇▇▇ and Company to act as Tenant’s general contractor (and the subcontractors of ▇▇▇▇▇▇ and Company) in performing any Alterations (including any Tenant Improvements) constructed during the twelve (12) month period following the Lease Date. In connection with any Alteration, Tenant shall deliver plans and specifications therefore to Landlord. As a further condition to giving consent to any Alterations (except Tenant Improvements), Landlord may reasonably require Tenant to provide Landlord, at Tenant’s sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of any Alterations that are reasonably expected to cost in excess of two (2) month’s Base Rent (net of any available Tenant Improvement Allowance), to ensure Landlord against any liability for mechanics’ and materialmen’s liens and to ensure completion of work. Before Alterations may begin, valid building permits or other required permits or licenses must be furnished to Landlord, and, once the Alterations begin, Tenant (or Tenant’s contractor) will diligently and continuously pursue their completion, subject to force majeure events. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its reasonable actual third-party costs (including, without limitation, the costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall cause to be maintained during the course of construction, at its sole cost and expense, “Builders’ Risk” insurance for the amount of the completed value of the Alterations but not in excess of the contract sum covering all improvements under construction, including building materials. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming Landlord, Tenant, during the Term Landlord’s Investment Adviser, any property manager designated by Landlord and Landlord’s lenders as additional insureds. The minimum limit of this Lease or any renewal coverage of the Leaseaforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in anyone accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in anyone accident or occurrence, desires to make any alterations and shall contain a severability of interest clause or additions to the Leased Premisesa cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00).
(c) All Alterations, including including, but not limited to; erecting partitions, attaching equipmentheating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant shall at once be and become the property of Landlord, and installing necessary furnishings shall not be deemed trade fixtures or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsProperty.
(2d) The Notwithstanding anything herein to the contrary, to the extent that Tenant installs any equipment or lights which generate heat or require electrical service in the Premises which exceeds the Basic Services, Tenant shall obtain the written permission of Landlord, which permission will not be unreasonably withheld, conditioned or delayed. Landlord may refuse to grant such permission unless Tenant agrees to pay Rent the costs to Landlord for installation of supplementary air conditioning capacity or electrical systems necessitated by such equipment. Provided Tenant fully complies with the terms and conditions of Paragraphs 12(a) through 12(i), Landlord approves Tenant’s installation, at Tenant’s sole cost and expense, of a separate electrical submeter (i.e., an “E-mon D-mon”) for measuring electrical service to Tenant’s IT server room (“Tenant Server Room”) located in the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alterationPhase I Premises. All electrical service for such Tenant Server Room shall be paid by Tenant as an extra service.
(3e) The Tenant shall be responsible agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in advance in writing of the date Tenant desires to commence construction or installation of such Alterations and Landlord has approved such date in writing, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require payment for Tenant’s improvements. Tenant will at all times permit such notices to be made in, on or posted and to remain posted until the Leased Premisescompletion of work.
(4f) No signTenant shall not, advertisement at any time prior to or notice shall be inscribedduring the Term, painted directly or affixed by the Tenantindirectly employ, or permit the employment of, any other person on contractor, mechanic or laborer in the Tenant’s behalfPremises, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property whether in connection with any additions Alteration or alterations to otherwise, if it is reasonably foreseeable that such employment will materially interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the Leased Premises made construction, maintenance or operation of the Project by the Landlord, Tenant or in connection with others. In the event of any other activity such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the TenantProject immediately.
(6g) The Tenant shall, at his own expense, if requested by the Landlord, remove any shall not use or all additions or improvements made by the Tenant employ materials that are susceptible to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or bothgrowth of mold, particularly in areas where moisture accumulation is common.
(7h) The At the time of requesting Landlord’s consent to any Alterations (except the Initial Alterations), Tenant shall not bring onto have the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing right to request that might Landlord inform Tenant whether such Alterations may remain in the opinion Premises following, or must be removed from the Premises prior to, the expiration or sooner termination of this Lease.
(i) Tenant has notified Landlord that Tenant desires to perform certain Alterations to the LandlordPhase I Premises and the Phase II Premises (collectively, the “Initial Alterations”) as described in those certain Drawings (as such term is defined in the Approved Construction Contract, as defined below) referenced and described in that certain Standard Form of Agreement Between Owner and Contractor (AIA AIOI-2007), dated September 1, 2008 entered into by reason of its hazardous natureand between Tenant, weightas Owner, size or useand ▇▇▇▇▇▇ & Company, damage Inc., as Contractor (the Leased Premises or “Approved Construction Contract”). Landlord has generally approved the Property. If the Leased Premises or Property are damaged the Initial Alterations and Tenant shall restore have the Leased Premises or Property immediately or pay right to make the Initial Alterations to the Landlord Premises provided that Tenant fully complies with the cost terms and conditions of restoring Paragraphs 12(a) through 12(i) and the Leased Premises or Propertyterms and conditions of Exhibit B. Notwithstanding anything in this Lease to the contrary, in no event shall Tenant be required to remove the Initial Alterations.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to Sub-Tenant may not make any structural or non-structural alterations or additions to the Leased PremisesPremises without Sublandlord's written consent, including but not limited to; erecting partitionswhich consent may be withheld in Sublandlord's sole discretion. Prior to any such alterations or additions, attaching equipment, and installing necessary furnishings or additional equipment Sub-Tenant shall provide Sublandlord with detailed plans of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all proposed work for Sublandlord's written approval. Any such approved alterations or additions shall be constructed diligently at Sub-Tenant's expense in a good and workmanlike manner and in compliance with all applicable laws and regulations, including any requirements under the Prime Lease, and shall be at least equal in quality to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and bypresent construction. Sub-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterationsobtaining, additionsat Sub-Tenant's expense, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, bypermits and approvals for such work. Sub-laws Tenant shall not permit any mechanics' liens or similar liens to remain upon the Premises for labor and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The material furnished to Sub-Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with work performed at the direction of Sub-Tenant and shall immediately cause any such lien to be released of record without cost to Sublandlord. All alterations or additions or alterations to the Leased Premises made by Sub-Tenant shall remain the Tenant or in connection with any other activity exclusive property of the Tenant.
(6) The Tenant shallSublandlord, at his own expenseand upon termination of this Sublease, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlordrequested, by reason of its hazardous natureSublandlord, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Sub-Tenant shall restore the Leased Premises to its condition as of the date hereof, wear and tear and damage by casualty excepted. Sub-Tenant may remove any such alteration or Property immediately or pay addition only if Sub-Tenant has received Sublandlord approval for their removal prior to the Landlord their construction; in such case Sub-Tenant shall be responsible for the cost of restoring repairing any resulting injury to the Leased Premises or Propertydue to such removal.
Appears in 1 contract
Sources: Sublease Agreement (Fairmarket Inc)
ALTERATIONS AND ADDITIONS. (1) If the 8.1 Performance by Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2a) The No alteration, addition or improvement to or installation in the Premises or any penetration of the roof (each an "Alteration") shall be made or permitted to be made by Tenant without the express prior written consent of Landlord, which shall not be unreasonably withheld. Landlord's consent shall not be required with respect to non-structural Alterations made after the Commencement Date with an aggregate contract value of up to $_20000.00_______ (determined on a cumulative basis throughout the Term) that do not involve or affect the roof, the structural elements of the Building, or any mechanical, electrical, plumbing, HVAC or other Building systems (the "Building Systems"); provided, however, Tenant shall pay Rent provide Landlord with copies of all final plans and specifications for such nonstructural improvements at least fifteen (l5) days prior to the rate prescribed in paragraph 3 above based upon the area commencement of the Hangar subsequent to any addition or alterationsuch work.
(3b) The Landlord may impose reasonable conditions to its consent, including conditions that Tenant shall (i) obtain Landlord's approval, not to be responsible for unreasonably withheld or delayed, of final plans and pay specifications; (ii) obtain Landlord's approval, not to be unreasonably withheld or delayed, of all contractors and subcontractors and their respective contracts; (iii) obtain all permits, approvals, and certificates required by any governmental or quasi-governmental bodies and, upon completion, provide said certificates to Landlord; (iv) carry, and cause all contractors and subcontractors to carry, worker's compensation (to the extent the same may become applicable and available), general liability, personal and property damage insurance; (v) agree at its sole cost to remove any such alteration, addition, improvement or installation on or before the expiration or sooner termination of the Term and to restore the Premises to its prior condition (subject to Section 8.3 below); (vi) to the extent customary in the locality, require all contractors, subcontractors, suppliers and material to sign waiver and release of lien agreements in form, scope and substance satisfactory to Landlord; and (vii) at Landlord's written direction, remove any of the Alterations at the expiration of the Term. Any such alterations, additions, improvements or installations shall (A) in no way adversely affect the value of the Premises, (B) be performed in a workmanlike manner; and (C) in no way violate any agreement, contract or improvements that other document by which the Premises is bound, including-any governing authority, municipal, provincial or otherwise, may require to be made in, on or to restrictive covenants affecting the Leased Premises.
(4c) No sign, advertisement or Landlord will permit Tenant and Tenant's Contractor to enter the Premises upon prior notice shall be inscribed, painted or affixed by during normal business hours for the purpose of constructing Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been 's initial Alterations as approved in every respect by the Landlord subject to the following conditions: (i) Tenant's execution and delivery of this Lease and Guarantor's execution and delivery of the Guaranty, (ii) Tenant's payment in writing.
full of the Security Deposit, (5iii) The Tenant agreesTenant's delivery of all applicable insurance certificates required by this Lease, (iv) Landlord's receipt and approval of the Tenant's Alterations (and the plans and specifications therefore, and (v) no Event of Default shall have occurred. Tenant's contractors or subcontractors must work in harmony with Landlord and its employees, agents contractors and suppliers and must not (A) take any actions that would cause interference with any activities related thereto, or (B) violate any of Landlord's Rules and Regulations or directions related to Tenant's construction activities at its own expense the Building. Until such time as the Premises are ready for Occupancy, Tenant's contractors and by whatever means may be necessary, immediately subcontractors shall have access to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property Premises solely in connection with the performance of Tenant's Alterations. Any entry by Tenant or its agents, engineers, contractors, subcontractor, materialmen and any additions or alterations other party given access to the Leased Premises made in connection therewith ("Tenant's Agents and Consultants") shall be at the sole risk of such party and without liability to Landlord, its agents, employees, officers, directors, principals, partners, shareholders and affiliates. Tenant agrees to keep the Premises clean and free at all times of any obstructions, supplies, equipment and materials brought into the building by the Tenant or in connection Tenant's Agents or Consultants; comply with any other activity Landlord's Rules and Regulations applicable to Tenant's Alteration activities and the activities of Tenant's Agents and Consultants; and comply with Landlord's directions and requirements concerning the use and the time of use of the means of ingress to, and egress from, the Building with respect to Tenant's Alteration activities at the Building. All of Tenant's construction activities shall be coordinated with Landlord and subject to Landlord's requirements to prevent interference with the Building's operations.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Lease Agreement (Simclar Inc)
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 4 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Memorandum of Understanding
ALTERATIONS AND ADDITIONS. (1a) If Lessee shall make no alterations, additions or improvements to the Tenant, during the Term of this Lease Premises or any renewal part thereof (collectively “Alterations”) without obtaining the prior written consent of the LeaseLessor, desires which shall not be unreasonably withheld, conditioned or delayed; provided, however, that Lessee may make Alterations that do not: (i) adversely affect the Building’s structure or systems;(ii) affect any area outside the Building including the outside appearance, character or use of any portions of the Building or other portions of the Project outside of the Building; (iii) affect the Building’s roof, roof membrane, any structural component or any base Building equipment, services or systems (including fire and life/safety systems), or the proper functioning thereof, or Lessor’s access thereto; (iv) in the reasonable opinion of Lessor, lessen the value of the Premises; or (v) trigger a legal requirement which would require Lessor to make any alterations alteration or additions improvement to the Leased Premises. In addition, including but Lessee shall not limited to; erecting partitions, attaching equipment, and installing necessary furnishings make any Alterations which will violate or additional equipment of the Tenant’s business but not including erecting require a new hangar or change in any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions occupancy certificate applicable to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule (collectively, “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutesMinor Alterations”). Lessee may make such Minor Alterations without Lessor’s consent, rules or regulationsbut upon thirty (30) days’ prior notice to Lessor.
(2b) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant All Alterations shall be responsible for in accordance with plans and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice specifications approved by Lessor in Lessor’s reasonable discretion and shall be inscribed, painted or affixed carried out by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front a reputable licensed contractor and provided it complies with the Landlord’s signage requirements and in compliance with all applicable laws, by-laws codes, rules and regulations regulations. The Lessor may impose as a condition to the aforesaid consent such additional requirements as Lessor may deem necessary in Lessor’s reasonable discretion, including without limitation requirements respecting the manner in which the work is done, Lessor’s right of reasonable approval of the contractor by whom the work is to be performed and the times during which it is in good workmanlike mannerto be accomplished. No other signLessee further assumes all risk of, advertisement or notice and agrees that Lessor shall not be erected unless it has liable for, any and all loss, cost, damage, expense and liability (including without limitation, court costs and reasonable attorneys’ fees) sustained as a result of the Premises not having been approved in every respect inspected by the Landlord in writinga Certified Access Specialist (CASp).
(5c) The Tenant agreesUpon written request of Lessor prior to last day of the Term, Lessee shall, at its own expense sole cost and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions Alterations installed by or improvements made by for Lessee if Lessor has given Lessee written notice at the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation time Lessor approves such Alterations (or the removal or both.
within ten (710) The Tenant shall not bring onto the Leased Premises or any days after Lessor receives notice regarding Minor Alterations) that Lessor may require such removal. All Alterations shall, upon completion, become part of the Leased Premises and the property of the Lessor. All Alterations not specified to be removed shall at the expiration or earlier termination of the Lease remain upon and be surrendered with the Premises. All movable furniture, business and trade fixtures, and machinery and equipment shall remain the property of the Lessee and may be removed by the Lessee at any machinerytime during the Term. Items which are not to be deemed as movable furniture, business and trade fixtures, or machinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other thing that might in the opinion installation which has become an integral part of the Landlord, by reason of its hazardous nature, weight, size or use, damage Premises. The Lessee will give the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay Lessor five (5) business days’ notice prior to the Landlord commencement of any Alterations work and will at all times permit notices of non-responsibility to be posted and to remain posted until the cost completion of restoring the Leased Premises or PropertyAlterations.
Appears in 1 contract
Sources: Triple Net Lease (Exar Corp)
ALTERATIONS AND ADDITIONS. (1) If a. Tenant shall not make any additions, alterations or improvements to the TenantPremises without obtaining the prior written consent of Landlord. ▇▇▇▇▇▇▇▇'s consent may be conditioned on ▇▇▇▇▇▇'s removing any such additions, during alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion. Landlord may, at ▇▇▇▇▇▇▇▇'s option, require that any such work be performed by Landlord or Landlord's designated contractor, in which case, the cost of this Lease or any renewal such work shall be paid for before commencement of the Lease, desires to make any alterations or additions work. In addition to the Leased Premisesforegoing, Tenant shall pay to Landlord, a supervision and administrative fee of fifteen percent (15%) of the cost of the work. If Landlord allows ▇▇▇▇▇▇'s contractor to do such alterations, Tenant shall provide any and all documents required by Landlord to review and approve in its sole and absolute discretion. ▇▇▇▇▇▇'s contractor shall observe all rules and regulations as set forth by Landlord, including but not limited to; erecting partitions, attaching equipmentto Landlord's rules for construction contractors.
b. Tenant shall pay the costs of any work done on the Premises pursuant to Section 12 (a), and installing necessary furnishings shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnity, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of claims by any person performing work or additional equipment furnishing materials or supplies for Tenant or any person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, and any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall give Landlord notice of the Tenant’s business but not including erecting a new hangar intended commencement date sufficient time, before that date, to enable Landlord to post notices of non-responsibility or any other accessory buildingnotices which Landlord deems necessary for the proper protection of ▇▇▇▇▇▇▇▇'s interest in the Premises, Building or the Tenant may do so Project, and Landlord shall have the right to enter the Premises and post such notices at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsreasonable time.
c. Landlord may require, at ▇▇▇▇▇▇▇▇'s sole option, that Tenant provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to at least one and one-half (21 1/2) The Tenant shall pay Rent at times the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the total estimated cost of any alterations, additions, installations alterations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on in or to the Leased Premises, to protect Landlord against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section 12(c) shall relieve Tenant of its obligation under Section 12(b) to keep the Premises, Building and Project free of all liens.
(4) No signd. Unless their removal is required by ▇▇▇▇▇▇▇▇ as provided in Section 12(a), advertisement or notice all additions, alterations and improvements made to the Premises shall become the property of Landlord and be inscribed, painted or affixed by surrendered with the Tenant, or any other person on Premises upon the Tenant’s behalf, on any part expiration of the outside Term; provided, however, Tenant's equipment, machinery and trade fixtures which can be removed without damage to the Premises shall remain the property of the Hangar unless it is located along the facade of the Hangar’s front Tenant and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryremoved, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations subject to the Leased Premises made by the Tenant or in connection with any other activity provisions of the TenantSection 13(b). MASKATIYA, SURI & CO.
, INC. INVESTMENT BANKERS - REAL ESTATE DEVELOPERS (6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.)
Appears in 1 contract
Sources: Sublease (Aurum Software Inc)
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Leaseit, desires to make any alterations or additions to the Leased Premises, including but not limited to; : erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory buildingbusiness, the Tenant may do so at its own expense, at any time and from time to time, the following conditions are met:
(a) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold his own expense provided that approval.
(i) and items included in the plan which are regarded by the Tenant as “Trade Fixtures” shall be designated as such on the plan;
(b) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant Landlord shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(43) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the inside or outside of the Hangar building in which the Premises are located unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord.
(4) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant’s Trade Fixtures, shall immediately become the property of the Landlord in writingwithout compensation to the Tenant.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) If the Tenant has complied with its obligations according to the provisions of this Lease, the Tenant may remove its Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that it will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant’s Trade Fixtures.
(7) Other than as provided in paragraph 7 (6) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances:
(a) the removal is in the ordinary course of business;
(b) the Trade Fixture has become unnecessary for the Tenant’s business or is being replaced by a new or similar Trade Fixture; or
(c) the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
(1) The Tenant shall, at his its own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(72) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or of any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or overload the Property. If floors of the Leased Premises;
(a) and if the Premises or Property are damaged or overloaded the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyPremises.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of not make any alterations, improvements, additions, or utility installations in or improvements that any governing authorityabout the Premises (collectively, municipal“Alterations”) without first obtaining the written consent of Landlord and, provincial or otherwisewhere appropriate, may require in accordance with plans and specifications approved by Landlord. Any alterations required to be made in, on or to the Leased Premises.
(4) No signBuilding by any applicable building, advertisement health, safety, fire, nondiscrimination, or notice similar law or regulation required specifically by Tenant’s use shall be inscribedmade at Tenant’s sole expenses and shall be subject to the prior written consent of Landlord. Any alterations required to be made to the Premises by any applicable building, painted or affixed by the Tenanthealth, safety, fire, nondiscrimination, or similar law or regulation (“law”) shall be made at Tenant’s sole expense and shall be subject to the prior written consent of Landlord. Any alterations required to be made to the Building by any other person applicable building, health, safety, fire, nondiscrimination, or similar law or regulation generally applicable to the Building, such as a life-safety code change (“law”) shall be made at Landlord’s sole expense. Tenant shall reimburse Landlord for any reasonable sums expended for examination and approval or architectural or mechanical plans and specifications of the Alterations. Landlord may require a lien and completion bond for such construction, or require the Alterations be removed at the expiration of the Term. Landlord’s approval of the plans, specifications and working drawings for Tenant’s Alterations shall create no responsibility or liability on the Tenant’s behalf, on any part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the outside Premises, which claims are or may be secured by any mechanics’ or materialmen’s liens against the Building or any interest therein. Unless Landlord requires their removal, all Alterations which may be made on the Building shall become the property of Landlord and remain upon and be surrendered with the Building at the expiration of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingterm.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. (a) Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an “Alteration” and collectively as the “Alterations”) to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises, the Building or the Project or the Systems serving the Premises, the Building and/or the Project or any portion thereof.
(b) Any Alteration to the Premises shall be at Tenant’s sole cost and expense, in compliance with all applicable Laws and all reasonable requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications reasonably approved in writing by Landlord, and shall be constructed and installed by a contractor reasonably approved in writing by Landlord. In connection with any Alteration, Tenant shall deliver plans and specifications therefor to Landlord. Before Alterations may begin, valid building permits or other required permits or licenses must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for all actual third-party costs incurred, as well as one percent (1%) If of Tenant’s total costs of construction for monitoring Tenant’s construction; provided, however, that Landlord shall not charge a construction management fee if no formal drawings or governmental permits are required for Tenant’s work. Tenant shall maintain during the course of construction, at its sole cost and expense, builders’ risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractors procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming Landlord, Tenant, during the Term Landlord’s Investment Advisors, any property manager designated by Landlord and Landlord’s lenders as additional insureds. The minimum limit of this Lease or any renewal coverage of the Leaseaforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, desires to make any alterations and shall contain a severability of interest clause or additions to the Leased Premisesa cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00).
(c) All Alterations, including including, but not limited to; erecting partitions, attaching equipmentheating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and installing necessary furnishings shall not be deemed trade fixtures or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsProperty.
(2d) The Tenant shall pay Rent No private telephone systems and/or other related computer or telecommunications equipment or lines may be installed without Landlord’s prior written consent. If Landlord gives such consent, all equipment must be installed within the Premises and, at the rate prescribed in paragraph 3 above based request of Landlord made at any time prior to the expiration of the Term, removed upon the area expiration or sooner termination of this Lease and the Hangar subsequent Premises restored to any addition or alterationthe same condition as before such installation.
(3e) The Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall be responsible for and obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay the cost costs to Landlord for installation of any alterations, additions, installations supplementary air conditioning capacity or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premiseselectrical systems necessitated by such equipment.
(4f) No signTenant agrees not to proceed to make any Alterations, advertisement notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the date Tenant desires to commence construction or notice installation of such Alterations and Landlord has approved such date in writing, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant’s improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work..
(g) Tenant shall be inscribednot, painted at any time prior to or affixed by during the TenantTerm, directly or indirectly employ, or permit the employment of, any other person on contractor, mechanic or laborer in the Tenant’s behalfPremises, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property whether in connection with any additions Alteration or alterations to otherwise, if it is reasonably forseeable that such employment will materially interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the Leased Premises made construction, maintenance or operation of the Project by the Landlord, Tenant or in connection with others. In the event of any other activity such interference or conflict, Tenant, upon demand of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any shall cause all contractors, mechanics or all additions laborers causing such interference or improvements made by conflict to leave the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or bothProject immediately.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If No alterations, additions or changes exceeding $5,000.00 shall be made to the Tenant, during the Term of this Lease or any renewal interior portions of the LeasePremises without the prior written approval of Landlord, desires which approval shall not be unreasonably withheld. In addition, no alterations, additions or changes shall be made to any store front, the exterior walls or roof of the Premises, nor shall Tenant erect any mezzanine or increase the size of the same, if one be initially constructed, unless and until the written consent and approval of Landlord shall have first been obtained. Finally, Tenant shall not install any exterior lighting or plumbing fixtures, shades, or awning, or make any alterations exterior decoration or additions to painting, or build any fences, or install any radio or television antennae, loud speakers, sound amplifiers or similar devices on the Leased roof or exterior walls of the Premises, including but not limited to; erecting partitionswithout Landlord’s prior written consent. As a condition to giving any such consent, attaching equipmentLandlord may require, and installing necessary furnishings among other conditions, that (a) Tenant agree to remove any such alterations, additions, or additional equipment changes at the expiration of the term and to restore the Premises to their prior condition, and/or (b) Tenant provide Landlord, at Tenant’s business but not including erecting sole cost and expense, a new hangar lien and completion bond in an amount equal to one and one half times the estimated cost of such improvements, to insure Landlord against any liability for mechanics’ and material-men’s liens and to insure completion of the work. Tenant’s contractor shall maintain all insurance reasonably required by Landlord. In no event shall Tenant make or cause to be made any other accessory building, penetration through the roof of the Premises without the prior written approval of Landlord. Tenant may do so at his own expense provided that shall be directly responsible for any and all alterations damages resulting from any violation of the provisions of this Section. All alterations, additions, or additions changes to be made to the Leased Premises which require the approval of Landlord shall be under the supervision of a competent architect or competent licensed structural engineer and made in accordance with plans and specifications with respect thereto, approved in writing by Landlord before the commencement of work, where such approval is required pursuant to the provisions of this Section. Tenant must comply shall obtain, at Tenant’s sole cost and expense, any and all governmental permits and approvals required in conjunction with any requirement of the alterations, additions or changes. Landlord including Schedule “B” and all applicable building code standards Tenant hereby acknowledge and by-laws of the municipality in which the Leased Premises are located agree that Landlord may charge a reasonable fee for reviewing, or for employing someone to review any plans and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent specifications. All work with respect to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authorityand changes must be done in a good and workmanlike manner by a licensed contractor approved by Landlord, municipal, provincial or otherwise, may require and such work shall diligently prosecuted to be made in, on or completion to the Leased Premises.
(4) No signend that the Premises shall at all times be a complete unit except during the period of work. Upon completion of such work, advertisement or notice Tenant shall file a Notice of Completion as permitted by law in the office of the County Recorder where the Shopping Center is located. Any such changes, alterations and improvements shall be inscribedperformed and done strictly in accordance with the laws and ordinances relating thereto. In performing the work of any such alterations, painted additions or affixed by changes, Tenant shall have the Tenant, or work performed in such a manner as not to obstruct the access to the premises of any other person on tenant in the Shopping Center. Upon termination of Tenant’s behalfleasehold estate, on any such alterations, additions or changes shall be considered as improvements and shall not be removed by Tenant but shall become a part of the outside of the Hangar Premises, unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall required by Landlord to be erected unless it has been approved in every respect by the Landlord in writingremoved pursuant hereto.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. a. Except for non-structural, interior changes that do not cost in the aggregate more than $3,000 in any calendar year, which changes shall not require the prior consent of Landlord or the delivery of plans and specifications to Landlord, before proceeding with any change (1) If exclusive only of changes to items constituting Tenant’s personal property), Tenant shall submit to Landlord plans and specifications for the Tenantwork to be done, during which shall in all cases require Landlord’s prior written approval, not to be unreasonably withheld, conditioned, or delayed. In the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions event Landlord consents to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost making of any alterations, additions, installations additions or improvements that any governing authorityto the Premises by Tenant, municipal, provincial or otherwise, may require to the same shall be made inby Tenant at Tenant’s sole cost and expense in accordance with all building code and other governmental requirements and pursuant to any required permits or licenses. Any contractor or person selected by Tenant to make the same must be qualified, on licensed and first approved of in writing by the Landlord. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or to installed by Tenant at its expense in the Leased Premises.
(4) No sign, advertisement or notice Premises shall be inscribed, painted or affixed by and remain the property of Tenant, or any other person on the . Tenant may remove such items at Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front sole cost and provided it complies with the Landlord’s signage requirements expense. Tenant shall forthwith and with all applicable lawsdue diligence remove any wiring or cabling installed in the Premises or in shafts, by-laws ducts or portions of the Common Areas, and regulations Tenant shall, forthwith and is with all due diligence at its sole cost and expense, repair any damage to the Premises caused by such removal. Tenant shall restore and repair all damage to the Premises caused by such removal, and shall otherwise perform such removal in good workmanlike manneraccordance with Landlord’s reasonably imposed scheduling and other requirements. No other signIf Tenant shall fail to remove all of its effects from said Premises upon termination of this Lease for any cause whatsoever, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agreesmay, at its own expense option, remove and store the same in the manner required by whatever means may law. Tenant agrees to pay Landlord upon demand any and all reasonable expenses incurred in such removal, including court costs and reasonable attorneys’ fees and storage charges on such effects for any length of time that the same shall be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the in Landlord’s property in connection with any additions possession, or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shallLandlord may, at his own expenseits option, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might sell said effects in the opinion of manner permitted by law. In no event shall Tenant be required to remove the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyInitial Improvements.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1a) Tenant shall make no alterations, additions or improvements to the Premises or any part thereof other than as specified in this Sublease, without in each instance obtaining the prior written consent of Landlord. Such consent shall not be unreasonably withheld, but will be contingent upon submission to and approval by Landlord of plans and specifications and contractor. If Tenant makes any alterations, additions or modifications, then Landlord at its option and in its sole discretion may accept and retain all or any part of those alterations, additions or modifications or require Tenant to remove the same in whole or in part and to repair or restore at Tenant's expense the Premises to the same conditions as they were in at the time they were accepted by Tenant. Tenant hereby expressly waives any argument Tenant may have or make, that Landlord consented to, or waived its right or is estopped by reason of actual or constructive knowledge to object to or challenge, any alteration, addition or modification made without such prior written consent.
(b) Landlord may impose as a condition to the aforesaid consent such requirements as Landlord may deem necessary in its sole discretion, including without limitation thereto, the manner in which the work is done, a right of approval of the contractor by whom work is to be performed, and the times during which it is to be accomplished.
(c) All alterations, additions or improvements shall at the Term expiration or earlier termination of the Sublease become the property of Landlord and remain upon and be surrendered with the Premises, unless Landlord elects prior to the termination or earlier expiration of this Lease Sublease to require Tenant to restore the Premises pursuant to Paragraph 11(a) above or any renewal to remove promptly upon the termination or earlier expiration of the Leasethis Sublease all or certain specified alterations, desires to make any alterations additions or additions improvements made to the Leased Premises, and to repair any damage to the Premises from such removal. Tenant shall indemnify the Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or without limitation any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises claims made by the any succeeding Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsfounded on such delay above.
(2d) The All articles of personal property and all business and trade fixtures, all movable machinery, equipment, furniture and partitions (excluding items affixed to walls, ceilings, or floors) owned and installed by Tenant at its expense and approved by Landlord in the Premises shall be and remain the property of Tenant, and must be removed by Tenant at Tenant's expense upon the termination or earlier expiration of this Sublease. Tenant shall pay Rent at the rate prescribed in paragraph 3 above based reimburse Landlord upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible demand for and pay the cost of any alterationsloss, additions, installations liability or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the resulting from such removal or bothfrom Tenant's failure to so remove.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agreesA. Lessee may, at its own expense cost and by whatever means may be necessaryexpense, immediately to obtain install additional improvements ("Alterations and Improvements") upon the release or discharge of any encumbrance Premises, provided that may be registered against such Alterations and Improvements shall not adversely affect the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity roof of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the PropertyBuilding, generally, or any Systems contained therein.
B. All such Alterations and Improvements, costing , in their entirety over the sum of $5,000.00, shall be in accordance with plans and specifications to be supplied by Lessee, which plans shall in all instances first be subject to Lessor's prior written approval, ("Lessor's Approval") which shall not be unreasonably withheld. If Lessee shall provide Lessor with evidence that each contractor performing Alterations and Improvements on the Leased Premises has adequate workmen's compensation insurance and general liability insurance in the amount of at least Two Million Dollars ($2,000,000.00) for bodily injury or Property are damaged death to any person or persons and property damage, on an occurrence basis, together with a certificate from the Tenant insurer who shall be reasonably satisfactory to Lessor, to the effect that such insurance may not be cancelled or substantially modified without at least thirty (30) days' prior written notice to Lessor. Lessor's Approval is intended solely for purposes of this Paragraph 24, to provide Lessor with notice of all Alterations and Improvements, and the opportunity to reject any adverse effect on Lessor's obligations under this Lease. Lessor's Approval shall not signify approval by Lessor of the design or functionality of any Alterations and Improvements and shall not confer any rights whatsoever on third parties.
C. To the extent permitted by law, no Alterations or Improvements at the Premises shall be done except after filing a waiver of the right to file any lien therefor (commonly known as "mechanic's lien") in the local prothonotary's office or elsewhere as provided by law, so as to constitute an effective waiver by anyone having a right to file such a lien. Certain information in this document denoted by the symbol *** has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ESWW-26 Confidential Treatment Requested by Environmental Solutions Worldwide, Inc.
D. As to Alterations and Improvements installed with prior Lessor's Approval, Lessee may, or at Lessor's demand given at the time of Lessor's initial approval of the work,, shall remove all Alterations and Improvements prior to the end of the term of this Lease and Lessee shall at its own cost and expense, return the Premises to its condition as of the Lease Commencement Date, ordinary wear and tear and damage by insured casualty excepted. In the event, in violation of subparagraph B hereof, Lessee installs Alterations and Improvements upon the Premises without prior Lessor's Approval, Lessee shall remove all Alterations and Improvements prior to the end of this Lease, at its own cost and expense, returning the Premises to its condition as of the Lease Commencement Date. In the event Lessee shall fail to remove the Alterations and Improvements and restore the Leased Premises, as herein provided, Lessor shall have the right to go upon the Premises or Property immediately or and do so, and Lessee agrees to pay the cost thereof as Additional Rent. Additionally, Lessor may decline to accept surrender of the Premises by Lessee so long as such Alterations and Improvements have not been removed and until removal of the same, Lessee shall be deemed to have held over under the provisions of paragraph 2(B), SUPRA. With respect to those Alterations and Improvements which, with Lessor's consent, have remained upon the Premises at the end of the term of this Lease, Lessee agrees that title to the Landlord same shall vest in Lessor.
E. If as a result of any Alterations and Improvements which may be made to the cost Premises by the Lessee, either pursuant to this clause or without Prior Lessor's Approval, any person and/or property shall be injured and/or damaged, the liability therefor shall be the sole responsibility of restoring Lessee.
F. In making any Alterations and Improvements, Lessee shall comply with any and all laws, statutes, ordinances, rules, regulations and requirements of the Leased Premises or Propertymunicipal and other duly constituted governmental authorities and insurance organizations.
Appears in 1 contract
Sources: Lease Agreement (Environmental Solutions Worldwide Inc)
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Leaseit, desires to make any alterations or additions to the Leased Premisespremises, including but not limited to; : erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building's business, the Tenant may do so at his own expense provided that expense, at any time and from time to time, if the following conditions are met:
(a) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designed as such on the plan, and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold his approval;
(b) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationslocated.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial provincial, or otherwise, may require to be made in, on or to the Leased Premises.
(3) The Landlord gives permission to affix the "Snow Country Snowmobile Association" sign on the outside of the building in which the Premises are located, provided that the sign is removed at the end of the term and any expense relating to repair is paid by the Tenant.
(4) No sign, advertisement All alterations and additions to the Premises made by or notice shall be inscribed, painted or affixed by on behalf of the Tenant, or any other person on than the Tenant’s behalf's Trade Fixtures, on any part shall immediately become the property of the outside of Landlord without compensation to the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingTenant.
(5) The Tenant agrees, at its his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance encumbrances that may be registered against the Landlord’s 's property in connection with any additions addition or alterations to the Leased Premises premises made by the Tenant or in connection with any other activity of the Tenant.
(6) If the Tenant has complied with his obligations according to the provisions of this Lease, the Tenant may remove his Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant's Trade Fixtures.
(7) Other than as provided in paragraph 7(6) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances:
(a) the removal is in the ordinary course of business;
(b) the Trade Fixture has become unnecessary for the Tenant's business or is being replaced by a new or similar Trade Fixture; or
(c) the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
(8) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(79) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or overload the Property. If floors of the Leased Premises, and if the Premises or Property are damaged or overloaded the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyPremises.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. (1) If a. Tenant shall not make any additions, alterations or improvements to the TenantPremises without obtaining the prior written consent of Landlord. Land▇▇▇▇'▇ ▇onsent may be conditioned on Tena▇▇'▇ ▇emoving any such additions, during alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion. Landlord may, at Land▇▇▇▇'▇ option, require that any such work be performed by Land▇▇▇▇'▇ ▇ontractor, in which case the cost of this Lease or any renewal such work shall be paid for before commencement of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The work. Tenant shall pay Rent at the rate prescribed in paragraph 3 above based to Landlord upon the area completion of the Hangar subsequent to any addition or alteration.
such work by Land▇▇▇▇'▇ ▇ontractor, an administrative fee of fifteen percent (315%) The Tenant shall be responsible for and pay of the cost of the work.
b. Tenant shall pay the costs of any alterationswork done on the Premises pursuant to Section 12a, and shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant.
c. Landlord may require, at Land▇▇▇▇'▇ ▇ole option, that Tenant provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to at least one and one-half (1 1/2) times the total estimated cost of any additions, installations alterations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on in or to the Leased Premises, to protect Landlord against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and, Project free of all liens.
(4) No signd. Unless their removal is required by Landlord as provided in Section 12a, advertisement or notice all additions, alterations and improvements made to the Premises shall become the property of Landlord and be inscribed, painted or affixed by surrendered with the Tenant, or any other person on Premises upon the Tenant’s behalf, on any part expiration of the outside Term; provided, however, Tenant's equipment, machinery and trade fixtures which can be removed without damage to the Premises shall remain the property of the Hangar unless it is located along the facade of the Hangar’s front Tenant and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryremoved, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations subject to the Leased Premises made by the Tenant or in connection with any other activity provisions of the TenantSection 13b.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) 7.1 If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; : erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of for the Tenant’s business but not including erecting a new hangar or any other accessory building's business, the Tenant may do so at his own expense provided that expense, at any time and from time to time, if the following conditions are met:
(i) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold his approval:
(ii) any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and without limiting the generality of the foregoing, the Tenant shall be responsible prior to commencing any federal such alterations or provincial statutesadditions to obtain at its sole cost and expense all requisite building permits, rules or regulationslicenses and municipal approvals.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) 7.2 The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) 7.3 No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s 's behalf, on any part of the inside or outside of the Hangar Premises unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingand the Tenant obtains at its sole cost and expense all requisite municipal approvals, licenses and permits.
(5) 7.4 All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's trade fixtures, furniture and equipment shall immediately become the property of the Landlord without compensation to the Tenant.
7.5 The Tenant agrees, at its his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property Premises in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
7.6 If the Tenant has complied with its obligations according to the provisions of this Lease, the Tenant may remove its trade fixtures, furniture and equipment at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant's trade fixtures, furniture and equipment.
7.7 Other than as provided in paragraph 7(6) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any trade fixtures, furniture, equipment or other goods and chattels of the Tenant except in the following circumstances:
(6i) the removal is in the ordinary course of business;
(ii) the trade fixture, furniture or equipment has become unnecessary for the Tenant's business or is being replaced by a new or similar trade fixture, furniture or equipment; or
(iii) the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any trade fixtures, furniture, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
7.8 The Tenant shall, at his own expense, if requested by the Landlord, remove any at the end of the Term or other termination of this Lease, all its trade fixtures, furniture and equipment and all additions or improvements made by or on behalf of the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) 7.9 The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or overload the Property. If floors of the Leased Premises or Property and if the Premises are damaged or overloaded the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or PropertyPremises.
Appears in 1 contract
Sources: Lease (Greenestone Healthcare Corp)
ALTERATIONS AND ADDITIONS. (1a) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires Landlord's consent to make any allowing Tenant to perform alterations or and additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipmentProperty shall be deemed conditioned upon Tenant acquiring all necessary permits to do the work from appropriate governmental agencies, and installing necessary furnishings or additional equipment the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner, and, if applicable, Tenant's conducting its work so as not to interfere with any other tenants of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located Property is located. Tenant agrees to indemnify and any federal hold harmless Landlord for and from, all claims, fines, or provincial statutespenalties arising from Tenant's failure to acquire all necessary permits to do the work from appropriate governmental agencies, rules or regulationsand the compliance by Tenant with all conditions of said permits.
(2b) The Tenant shall pay Rent pay, when due, and hereby agrees to indemnify and hold harmless Landlord for and from, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant, at or for use in the rate prescribed in paragraph 3 above based upon Property, which claims are or may be secured by any construction lien against the area Property or any interest therein. Tenant shall give Landlord not less than ten (10) days' notice prior to the commencement of any work on the Hangar subsequent Property which might give rise to any addition such lien or alteration.
(3) The claim of lien, and Landlord shall have the right to post notices of nonresponsibility in or on the Property as provided by law. If Tenant shall be responsible for and pay shall, in good faith, contest the cost validity of any alterationssuch lien, additionsclaim or demand, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The then Tenant shall, at his own its sole expense, defend itself and Landlord against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or the Property, upon the condition that if requested by Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien, claim or demand indemnifying Landlord against liability for the Landlordsame and holding the Property free from the effect of such lien, remove any claim or all additions or improvements made by the demand. In addition, Landlord may require Tenant to the Leased Premises during the Term pay Landlord's attorney's fees and costs in participating in such action if Landlord shall repair all damage caused by the installation or the removal or bothdecide it is in its best interests to do so.
(7c) The Tenant Unless Landlord requires their removal, all alterations, improvements, additions and Utility Installations made on the Property shall not bring onto become the Leased Premises or any part property of Landlord and remain upon and be surrendered with the Property at the expiration of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay lease term without compensation to the Landlord the cost of restoring the Leased Premises or PropertyTenant.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of not make any alterations, improvements, additions, or utility installations in or improvements that any governing authorityabout the Premises (collectively, municipal“Alterations”) without first obtaining the written consent of Landlord and, provincial or otherwisewhere appropriate, may require in accordance with plans and specifications approved by Landlord. Any alterations required to be made in, on or to the Leased Premises.
Premises by any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation (4“law”) No sign, advertisement or notice shall be inscribedmade at Tenant’s sole expense and shall be subject to the prior written consent of Landlord. Any alterations required to be made to the Building, painted or affixed excluding the Premises, by the Tenantany applicable building, health, safety, fire, nondiscrimination, or similar law or regulation (“law”) shall be made at Landlord’s sole expense. Tenant shall reimburse Landlord for any other person reasonable sums expended for examination and approval or architectural or mechanical plans and specifications of the Alterations. Landlord may require a lien and completion bond for such construction, or require the improvements be removed at the expiration of the Term. Landlord’s approval of the plans, specifications and working drawings for Tenant’s alterations shall create no responsibility or liability on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and Landlord for their completeness, design sufficiency, or compliance with all applicable laws, by-laws rules and regulations and is of governmental agencies or authorities. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in good workmanlike manner. No other signthe Premises, advertisement which claims are or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release secured by any mechanics’ or discharge of any encumbrance that may be registered materialmen’s liens against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part interest therein. Unless Landlord requires their removal, all Alterations (other than trade fixtures and movable equipment) which may be made on the Premises shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Propertyterm.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If SECTION 5.01. Tenant shall have the Tenantright, from time to time, to make during the Term term of this Lease at its sole cost and expense, additions, alterations and changes (hereinafter sometimes referred to in this Section 5.01 as "alterations") in or to the Demised Premises, provided Tenant shall not then be in default in the performance of any renewal of Tenant's covenants or agreements in this Lease, subject, however, in all cases to the following:
(a) no structural or exterior alterations shall be commenced except upon prior written consent of Landlord;
(b) no alterations of any kind, shall be made which would tend (i) to impair the structural soundness of the LeaseImprovements, desires (ii) to make any alterations or additions to decrease the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment total cubical volume of the Tenant’s business but not including erecting a new hangar Improvements, (iii) to give to any owner, lessee or occupant of any other property or to any other person or corporation any easement, right-of-way or any other accessory buildingright over Landlord's interest in the Demised Premises, or (iv) to modify the Tenant may do so at his own expense provided that any basic utility and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement function of the Improvements;
(c) no alterations shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Landlord including Schedule “B” shall join, but without expense to Landlord, in the application for such permits or authorizations whenever such action is necessary and is requested by Tenant;
(d) any alterations involving in the aggregate an estimated cost of more than $100,000.00 shall be conducted under the supervision of an architect or engineer selected by Tenant, and no such alterations shall be made, except in substantial accordance with detailed plans and specifications and cost estimates prepared and approved in writing by such architect or engineer;
(e) any alterations shall be made within a reasonable time (subject to unavoidable delays) and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and building code standards and by-zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and officers, and in accordance with the orders, rules and regulations of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area National Board of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the TenantFire Underwriters, or any other person on body or bodies hereafter exercising similar functions;
(f) if any involuntary liens for labor and materials supplied or claimed to have been supplied to the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice Demised Premises shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The filed, Tenant agreesshall pay, at its own expense and by whatever means may be necessary, immediately to bond or otherwise obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property thereof with reasonable promptness but in connection with any additions or alterations all events prior to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.foreclosure thereof;
Appears in 1 contract
Sources: Lease Agreement (Triad Park LLC)
ALTERATIONS AND ADDITIONS. (1a) If the TenantLessee shall not, during the Term of this Lease or any renewal of the Leasewithout Lessor's prior written consent, desires to which shall not be unreasonably withheld, make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterations, improvements additions, installations Utility Installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made repairs in, on or to about the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalfBuilding Project. As used in this paragraph 7.3 the term "Utility Installation" shall mean carpeting, on any part window and wall coverings, power panels, electrical distribution systems, lighting fixtures, air conditioning, plumbing, and telephone and telecommunication wiring and equipment. At the expiration of the outside term, Lessor may require the removal of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all of said alterations, improvements, additions or improvements Utility Installations, and the restoration of the Premises and the Building Project to their prior condition, at Lessee's expense; provided that Lessee shall not be required to remove alterations, improvements, additions or Utility Installations made by the Tenant pursuant to the Leased Premises terms of the Work Letter and, provided further that, with respect to alterations, improvements, additions or Utility Installations for which Lessee has requested (and was required pursuant to the terms of the Lease to request) Lessor's consent to install, Lessor shall be required to request their removal at the time Lessor grants its consent if Lessor wishes to require their removal upon the termination of the Lease. Should Lessor permit Lessee to make its own alterations, improvements, additions or Utility Installations, Lessee shall use only such contractor as has been expressly approved by Lessor, and Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one hundred twenty-five percent (125%) of the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, or use a contractor not expressly approved by Lessor, Lessor may, at any time during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or term of this Lease, require that Lessee remove any part or all of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Propertysame.
Appears in 1 contract
Sources: Standard Office Lease (Entertainment Boulevard Inc)
ALTERATIONS AND ADDITIONS. (1a) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of not make any alterations, additions, installations improvements or improvements that any governing authority, municipal, provincial or otherwise, may require to be made additions in, on or to about the Leased PremisesPremises without Landlord's prior written consent, which consent shall not be unreasonably withheld.
(4b) No signAny alterations, advertisement improvements or notice additions in the Premises that Tenant shall desire to make shall be inscribedpresented to Landlord in written form with proposed detailed plans prepared by a professional architect or engineer. If Landlord shall give its consent, painted or affixed by the Tenantconsent shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies, or any other person on if required, furnishing a copy thereof to Landlord prior to the Tenant’s behalf, on any part commencement of the outside of the Hangar unless it is located along the facade of the Hangar’s front work and provided it complies with the Landlord’s signage requirements and complying with all applicable laws, by-laws conditions of said permit in a prompt and regulations and is in good workmanlike expeditious manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5c) The Tenant agreesshall pay, when due, all claims for labor or materials furnished to or for Tenant at its own expense and by whatever means or for use in the Premises, which claims are or may be necessary, immediately secured by any mechanics' or materialmen's lien against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days' notice prior to obtain the release or discharge commencement of any encumbrance that may be registered against such work in the Landlord’s property Premise and Landlord shall have the right to post notices of non-responsibility in connection with or on the Premises as provided by law. If Tenant shall, in good faith, contest the validity of any additions such lien, claim or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The demand, then Tenant shall, at his own is sole expense,defend itself and Landlord against the same and shall pay and satisfy any such adverse judgement that my be rendered thereon before the enforcement thereof against the Landlord or the Premises. Landlord may, if requested by the Landlordat its option, remove any or all additions or improvements made by the require Tenant to furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to 125% of the Leased amount of such contested lien, claim or demand indemnifying Landlord against liability for the same and holding the Premises during free from the Term and shall repair all damage caused by the installation effect of such lien or the removal or bothclaim.
(7d) The Tenant Unless Landlord requires their removal, all alterations, improvements and additions which may be made on the Premises shall not bring onto become the Leased property of Landlord and remain upon and be surrendered with the Premises or any part at the expiration of the Leased Premises any machineryterm. Notwithstanding the provisions of this Section 6.4, equipment or any Tenant's machinery and equipment, other thing than that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay which is affixed to the Landlord Premises so that it cannot be removed without material damage E-103 8 to the cost Premises, shall remain the property of restoring Tenant and may be removed by Tenant subject to the Leased Premises or Propertyprovisions of Subsection 6. (c).
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1a) If Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an “Alteration” and collectively as the “Alterations”) to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises or the Building or the Systems serving the Premises and/or the Building or any portion thereof.
(b) Any Alteration to the Premises shall be at Tenant’s sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Building or any part thereof, and in accordance with plans and specifications approved in, writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. In connection with any Alteration, Tenant shall deliver plans and specifications therefore to Landlord. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its costs (including, without limitation, the costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall cause its contractor(s) to maintain during the course of construction, at its sole cost and expense, builders’ risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other insurance in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractors procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming Landlord, Tenant, during the Term any property manager designated by Landlord and Landlord’s lenders as additional insured. The minimum limit of this Lease or any renewal coverage of the Leaseaforesaid policy shall be in the amount of not less than Two Million Dollars ($2,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Two Million Dollars ($2,000,000.00) for injury or death of more than one person in any one accident or occurrence, desires to make any alterations and shall contain a severability of interest clause or additions to the Leased Premisesa cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00).
(c) All Alterations, including including, but not limited to; erecting partitions, attaching equipmentheating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and installing necessary furnishings shall not be deemed trade fixtures or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory buildingProperty. If requested by Landlord, the Tenant may do so at his own expense provided that any and all alterations or additions will pay, prior to the Leased Premises made commencement of construction, an amount determined by Landlord necessary to cover the Tenant must comply with any requirement costs of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay demolishing such Alterations and/or the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require returning the Premises and the Building to be made in, on or its condition prior to the Leased Premisessuch Alterations.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1a) If the TenantTenant shall not, during the Term of this Lease or any renewal of the Leasewithout Landlord’s prior written consent, desires to make any alterations or additions to the Leased Premisesalterations, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of any alterationsimprovements, additions, installations or improvements that physical additions of any governing authority, municipal, provincial or otherwise, may require to be made kind (the “Alterations”) in, on or about the Premises during the Lease Term. Tenant shall make no change or modification to the Leased exterior of the Building without Landlord’s prior written consent. Landlord may require that Tenant remove any or all of said Alterations at the expiration or earlier termination of the Lease Term, and restore the Premises to their prior condition, at Tenant’s sole cost and expense. All Alterations shall be completed in compliance with all Applicable Laws and any rules and regulations for construction of Landlord, and sustainable guidelines and procedures, using new or comparable materials only, by a contractor approved in writing by Landlord, and on days and at times approved in writing by Landlord. Tenant shall be solely responsible for the installation and maintenance of its data, telecommunication, and security systems and wiring at the Premises, which shall be done in compliance with all Applicable Laws, the requirements of Sections 7.3, 7.5 and 7.6 above, and any applicable Landlord rules and regulations. In connection with any Alterations, Landlord may require Tenant to provide Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Should Tenant make any Alterations without the prior written approval of Landlord, Landlord may require that Tenant remove any or all of the same at Tenant’s sole cost and expense. Notwithstanding the foregoing, ▇▇▇▇▇▇▇▇’s consent shall not be required for any Alteration costing less than $_________ provided that it: (i) is nonstructural; (ii) does not impact any of the building systems, involve electrical or drywall work, require a building permit, or materially affect the air quality in the Building; and (iii) is not visible from outside of the Premises.
(4b) No signTenant shall provide to Landlord prior written notice of its intention to perform any Alteration, advertisement together with a certificate of insurance from each contractor evidencing that insurance is in effect during all construction activities in an amount reasonably required by Landlord and naming Landlord as an additional insured. Any Alterations in, on, or notice about the Premises that Tenant shall desire to make, and which requires the consent of Landlord, shall be inscribedpresented to Landlord in written form, painted with proposed detailed plans. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies (including the Permitting Authority), the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall not overload any floor or affixed part thereof in the Premises or the Building, including any public corridors or elevators, by the Tenantbringing in, placing, storing, installing or removing any large or heavy articles, and Landlord may prohibit, or any may direct and control the location and size of, safes and all other person on the heavy articles, and may require, at Tenant’s behalfsole cost and expense, on any part supplementary supports of such material and dimensions as Landlord may deem necessary to properly distribute the outside of the Hangar unless it is located along the facade of the Hangar’s front weight. All Alteration work shall be performed in a good and provided it complies workmanlike manner, free from faults and defects and in accordance with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writingplans therefor.
(5c) The Tenant agreesshall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at its own expense and by whatever means or for use in the Premises, which claims are or may be necessary, immediately secured by any mechanics’ or materialmen’s liens against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days’ notice prior to obtain the release or discharge commencement of any encumbrance that may be registered against work in the Landlord’s property Premises, and Landlord shall have the right to post notices of non-responsibility in connection with or on the Premises as provided by Applicable Law. If Tenant shall, in good faith, contest the validity of any additions such lien, claim or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The demand, then Tenant shall, at his own expenseits sole cost and expense defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or the Premises, upon the condition that if requested by the Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord, remove any in an amount equal to 150% of such contested lien claim or all additions demand, indemnifying Landlord against liability for the same and holding the Premises free from the effect of such lien or improvements made by the claim. In addition, Landlord may require Tenant to the Leased Premises during the Term pay Landlord’s attorneys’ fees and costs in participating in such action if Landlord shall repair all damage caused by the installation or the removal or bothdecide it is in its best interest to do so.
(7d) The Tenant Unless Landlord requires their removal, as set forth in Section 10(a), all Alterations (whether or not such Alterations constitute trade fixtures of Tenant), which may be made on and affixed to the Premises, shall not bring onto become the Leased property of Landlord and remain upon and be surrendered with the Premises at the expiration or any part earlier termination of the Leased Premises any machineryLease Term. Notwithstanding the provisions of this Section, equipment or any Tenant’s machinery and equipment, other thing than that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay which is affixed to the Landlord Premises so that it cannot be removed without material damage to the cost Premises, as well as all personal property incorporating Tenant’s intellectual property rights, shall be and remain the property of restoring Tenant and may be removed by Tenant subject to the Leased Premises or Propertyprovisions of Section 28.1 (Surrender).
Appears in 1 contract
Sources: Retail Lease
ALTERATIONS AND ADDITIONS. (1) If a. Tenant shall not make any additions, alterations or improvements to the Premises without obtaining the prior written consent of Landlord. Landlord’s consent will not be unreasonably withheld. Landlord’s consent may be conditioned on Tenant’s removing any such additions, during alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion. Landlord may, at Landlord’s option, require that any such work be performed by Landlord’s contractor, in which case the cost of this Lease such work shall be paid for before commencement of the work.
b. Tenant shall pay the costs of any work done on the Premises pursuant to Section 12a and shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys’ fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any renewal person claiming under Tenant. Tenant shall keep Tenant’s leasehold interest, and any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall give Landlord notice of the Lease, desires intended commencement date a sufficient time before that date to make any alterations or additions enable Landlord to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment post notices of the Tenant’s business but not including erecting a new hangar non-responsibility or any other accessory buildingnotices which Landlord deems necessary for the proper protection of Landlord’s interest in the Premises, Building or the Tenant may do so Project, and Landlord shall have the right to enter the Premises and post such notices at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsreasonable time.
c. Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord, at Tenant’s expense, a lien and completion bond in an amount equal to at least one and one-half (21 1/2) The Tenant shall pay Rent at times the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the total estimated cost of any alterations, additions, installations alterations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on in or to the Leased Premises., to protect Landlord against any liability for mechanic’s and material men’s liens and to insure timely completion of the work. Nothing contained in this Section 12 c shall relieve Tenant of its obligation under Section 12 b to keep the Premises, Building and Project free of all liens. Lease: Lake Union Building LLC/Mathsoft, Inc. May 18, 1999
(4) No signd. Unless their removal is required by Landlord as provided in Section 12 a, advertisement or notice all additions, alterations and improvements made to the Premises shall become the property of Landlord and be inscribedsurrendered with the Premises upon the expiration of the Term; provided, painted or affixed by the Tenanthowever, or any other person on the Tenant’s behalfequipment, on any part machinery and trade fixtures which can be removed without damage to the Premises shall remain the property of the outside of the Hangar unless it is located along the facade of the Hangar’s front Tenant and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryremoved, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations subject to the Leased Premises made by the Tenant or in connection with any other activity provisions of the TenantSection 13b.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If the TenantTenant shall not, during the Term of this Lease or any renewal of the Leasewithout Landlord's prior written consent, desires to which shall not be unreasonably withheld, make any alterations alterations, improvements, additions, or additions to utility installations in, on or about the Leased Premises, including including, but not limited to floor coverings, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Tenant shall promptly pay all costs and expenses associated with such alterations, improvements, additions or utility installations, including, but not limited to; erecting partitions, attaching equipmentall costs and expenses associated with compliance with any governmental statutes, ordinances, rules or regulations required solely by Tenant's alteration, improvement, addition or utility installation, including all handicapped access requirements and installing necessary furnishings requirements under the Americans With Disabilities Act 42 U.S.C. Sections 12181,et.seq. Landlord may require Tenant to provide, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such alterations, improvements, additions or additional equipment utility installations to insure Landlord against any liability for mechanic's and materialmen's liens and to insure completion of the Tenant’s business but not including erecting a new hangar work. Should Tenant make any alterations, improvements, additions or utility installations without the prior approval of Landlord, Landlord may require that Tenant remove any other accessory buildingor all of the same. Any alterations, improvements, additions or utility installations in, or about the Premises that Tenant may do so at his own expense provided that any shall desire to make and all alterations or additions to which require the Leased Premises made by the Tenant must comply with any requirement prior written consent of the Landlord including Schedule “B” and shall be presented to Landlord in written form, with proposed detailed plans. If Landlord shall give its written consent, its consent shall be deemed conditioned upon Tenant obtaining all applicable building code standards and by-laws necessary permits to do so from appropriate governmental agencies, the furnishing of copies thereof to Landlord prior to the commencement of the municipality work and the compliance by Tenant of all conditions of such plan approval and permits in which the Leased Premises are located a prompt and any federal or provincial statutes, rules or regulations.
(2) The expeditious manner. Tenant shall pay Rent at the rate prescribed perform all such work in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for a first class, workmanlike manner and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and in compliance with all applicable lawsgovernmental statutes, byordinances, rules and regulations. Tenant shall pay, when due, all claims for labor, and/or equipment and materials furnished or alleged to have been furnished to or for Tenant at or for its use in the Premises whether or not such claims may be secured by any mechanics' or materialmen's lien against the Premises or any interest therein. Tenant shall give Landlord not less than fifteen (15) days' notice prior to the commencement of any work in the Premises, and Landlord shall have the right to post notices of non-laws and regulations and is responsibility in or on the Premises as provided by law. If Tenant shall, in good workmanlike manner. No other signfaith, advertisement or notice shall be erected unless it has been approved in every respect by contest the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge validity of any encumbrance that may be registered against the Landlord’s property in connection with any additions such lien, claim or alterations to the Leased Premises made by the Tenant or in connection with any other activity of the Tenant.
(6) The demand, then Tenant shall, at his own its sole expense, defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Premises, upon the condition that if requested by Landlord shall so require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to one and one-half (1 1/2) times the Landlordamount of such contested lien claim or demand indemnifying Landlord against liability for the same and holding the Premises free from the effect of such lien or claim. In addition, remove any or all additions or improvements made by the Landlord may require Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the pay Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.'s
Appears in 1 contract
Sources: Office Lease Agreement (Syntel Inc)
ALTERATIONS AND ADDITIONS. (1a) If the Tenant, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business but not including erecting a new hangar or any other accessory building, the Tenant may do so at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations.
(2) The Tenant shall pay Rent at the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the cost of not make any alterations, additionsrepairs, installations additions or improvements that or install any governing authority, municipal, provincial or otherwise, may require Cable (collectively referred to be made as “Alteration(s)”) in, on or about the Premises or the Project without Landlord’s prior written consent, which may be given or withheld in Landlord’s commercially reasonable discretion. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or the Building; (c) will not affect the base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 7.3 (other than the obligation to deliver “as built” plans for such Cosmetic Alterations. Prior to starting work, Tenant shall furnish Landlord with plans and specifications; names of contractors that are licensed and insured in the State of Florida and which are reasonably acceptable to Landlord (provided that Landlord may designate specific contractors (at least two per trade) with respect to base Building); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts as may be reasonably required by Landlord. Changes to the Leased Premisesplans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in accordance with all applicable building codes and in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Upon completion, Tenant shall furnish “as-built” plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. If as a result of any Alteration made by Tenant, Landlord is obligated to comply with any Law and such compliance requires Landlord to make any improvement or Alteration to any portion of the Project, as a condition to Landlord’s consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or Alteration Landlord is obligated to complete by such Law.
(4b) No signAll improvements in and to the Premises, advertisement or notice including any Alterations, shall be inscribed, painted or affixed by remain upon the Premises at the end of the Term without compensation to Tenant, or any other person on the provided that Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryexpense, immediately to obtain in compliance with the release National Electric Code or discharge of any encumbrance that may be registered against other applicable Laws, shall, on or before the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity expiration of the Tenant.
(6) The Tenant shall, at his own expense, if requested by the LandlordTerm, remove any or all additions or improvements made Cable. In addition, Landlord, by the written notice to Tenant at least thirty (30) days prior to the Leased Premises during expiration of the Term Term, may require Tenant, at its expense, to remove any Alterations that in Landlord’s reasonable judgment are not standard office improvements and are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Tenant shall repair all any damage caused by the installation or removal of the removal or bothCable and Required Removables. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove any improvements located within the Premises on the Commencement Date of this Lease.
(7c) The Tenant shall not bring onto the Leased Premises pay, when due, all claims for labor or any part of the Leased Premises any machinery, equipment materials furnished or any other thing that might alleged to have been furnished to or for Tenant at or for use in the opinion of Premises, which claims are or may be secured by any mechanic’s or materialmen’s lien against the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the PropertyProject, or any interest therein. If Tenant shall, in good faith, contest the Leased Premises or Property are damaged the validity of any such lien, Tenant shall restore furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to not less than one and one half times the Leased Premises amount of such contested lien or Property immediately claim indemnifying Landlord against liability arising out of such lien or claim. Such bond shall be sufficient in form and amount to free the Project from the effect of such lien. In addition, Landlord may require Tenant to pay Landlord’s reasonable attorneys’ fees and costs in participating in such action.
(d) Tenant expressly acknowledges and agrees that any planned interruption of utility services to the Building during the construction of any Alterations by Tenant and/or its approved contractor(s) must be communicated to Landlord the cost of restoring the Leased Premises or Propertyat least 48 hours prior to any such interruption for Landlord’s prior consent and approval.
Appears in 1 contract
Sources: Office Lease (Ladenburg Thalmann Financial Services Inc)
ALTERATIONS AND ADDITIONS. (1) If a. Tenant shall not make any additions, alterations or improvements to the TenantPremises without obtaining the prior written consent of Landlord. Any alteration, during additions or improvements that Tenant desires to make shall be presented to Landlord in written form with proposed detailed plans. Landlord may withhold its consent to any structural alterations, additions or Improvements to the Term Premises in its sole and absolute discretion. Tenant shall provide Landlord with copies of this Lease or all applicable permits prior to commencement of work and Tenant shall comply with all conditions of said permits Landlord may require, upon notice to Tenant given at any renewal time prior to the expiration of the Lease, desires to make that Tenant remove any alterations alterations, additions or additions improvements made to the Leased Premises by Tenant pursuant to the terms of Section 12. All alterations, additions, or improvements, shall conform to the requirements of Landlord's and Tenant's Insurers and of the federal, state and local governments having jurisdiction over the Premises, including but not limited to; erecting partitionsincluding, attaching equipmentwithout limitation the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101, et seq.), the OSHA General Industry Standard (29 C.F.R. Section 1210.1001, et seq.), and installing necessary furnishings the OSHA Construction Standard (29 C.F.R. Section 1926,1001. et seq.) and shall be performed in accordance with the terms and provisions of this Lease and in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord befitting a first class office building, and such work shall be diligently prosecuted to completion. Tenant shall provide Landlord with as-built plans and specifications for any alterations, improvements, additions or additional equipment utility installations. Landlord may, at Landlord's option, require that any such work be performed or reviewed and certified by Landlord's contractor or consultant, in which case the cost of such work shall be paid for before commencement of the work. Tenant shall pay to Landlord upon completion of any such work by Landlord's contractor, an administrative fee of fifteen percent (15%) or the cost of the work.
b. Tenant shall pay the costs of any work done on the Premises pursuant to Article 12.a., and shall keep the Premises, Building and Project free and clear of liens of any kind, Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant’s business but . Tenant shall keep Tenant's leasehold interest, and any additions or Improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens as well as any claims that are or may be secured by any mechanic's or materialmen's lien against the Premises or the Project. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall give Landlord not including erecting a new hangar less than ten (10) days written notice of the intended commencement date before the date to enable Landlord to post notices of non-responsibility or any other accessory buildingnotices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building or the Project, and Landlord shall have the right to enter the Premises and post such notices at any reasonable time.
c. Landlord may require at Landlord's sole option, that Tenant may do so provide to Landlord, at his own expense provided that Tenant's expense, a lien and completion bond in any amount equal to at least one and all one-half (1 1/2) times the total estimated cost of any additions, alterations or additions improvements to be made in or to the Leased Premises made by the Tenant must comply with Premises, to protect Landlord against any requirement liability for mechanic and materialmen's liens and to insure timely completion of the Landlord including Schedule “B” work. Nothing contained in this Article 12.c. shall relieve Tenant of its obligation under Article 12.b. to keep the Premises, Building and Project free of all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsliens.
(2) The d. Tenant shall pay Rent when due all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the rate prescribed Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises or any interest therein. If Tenant shall, in paragraph 3 above based upon good faith, contest the area validity of any such lien, claim or demand, then Tenant shall, at its sole expense, indemnify Landlord against and hold Landlord, the Premises, and the Project free, clear and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, claims, and demands on account of such work by or an behalf of Tenant, and defend and protect itself, Landlord, the Premises, and the Project against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Premises. If Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to one and one-half times the amount of such contested lien claim or demand, indemnifying Landlord against liability for the same, as required by law for the holding of the Hangar subsequent Promises free from the effect of such lien or claim. In addition, Landlord may require Tenant to any addition or alterationpay Landlord's attorneys' fees and costs in participating in such action if Landlord shall decide it is to its best interest to do so.
(3) The e. Tenant shall be responsible for and pay to Landlord the additional rent, the cost of any alterations, additions, installations structural alterations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement Building or notice the Project and/or at Landlord's option, shall be inscribed, painted or affixed by the promptly make at Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own 's sole expense and by whatever means may be necessaryin accordance with Section 12, immediately to obtain the release any structural or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or nonstructural alterations to the Leased Premises required to comply with any applicable law, code, rule or regulations, whether now existing or hereafter promulgated, where such alterations are required by reason of (i) the acts or omissions of Tenant or Tenant's employees or agents (ii) Tenant's use or change of use to the Premises; (iii) alterations or improvements to the Premises made by or for Tenant; or (iv) Tenant's application for any permit or governmental approval.
f. Unless their removal is required by Landlord as provided in Article 12.a., all additions, alterations and improvements made to the Premises shall become the property of Landlord and be surrendered with the Premises upon the expiration of the Terms; provided, however, Tenant's equipment, machinery and trade fixtures which can be removed without damage to the Premises shall remain the property of Tenant and may be removed, subject to the provisions of Article 13.b.
g. Subject to the construction of the Tenant or in connection Work if any, Tenant accepts the Premises "as is", "where is" and with any other activity and all faults, and Landlord neither makes nor has made any representations or warranties, express or implied, with respect to the quality, suitability or fitness thereof of the Tenant.
(6) The Tenant shallPremises, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal condition or both.
(7) The repair thereof. Tenant shall not bring onto the Leased Premises or any part taking possession of the Leased Premises any machinery, equipment or any other thing that might in the opinion shall be conclusive evidence for all purposes of Tenant's acceptance of the Landlordpremises in good order and satisfactory condition, by reason of its hazardous natureand in a state and condition satisfactory, weight, size or use, damage acceptable and suitable for the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay Tenant's use pursuant to the Landlord the cost of restoring the Leased Premises or Propertythis Lease.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (1) If a. Tenant shall not make any additions, alterations or improvements to the Premises without obtaining the prior written consent of Landlord. Landlord's consent may be conditioned on Tenant's removing any such additions, during alterations or improvements upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by Landlord, and such work shall be diligently prosecuted to completion. If any such work is performed by a contractor selected by Tenant and approved by Landlord, Tenant shall pay to Landlord, upon completion of this Lease any such work, an administrative fee of five percent (5%) of the cost of the work. If any such work is performed by Landlord's contractor, Tenant shall pay to Landlord, upon completion of any such work, an administrative fee of fifteen percent (15%) of the cost of the work.
b. Tenant shall pay the costs of any work done on the Premises pursuant to Section 12a, and shall keep the Premises, Building and Project free and clear of liens of any kind. Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any renewal person claiming under Tenant. Tenant shall keep Tenant's leasehold interest, and any additions or improvements which are or become the property of Landlord under this Lease, free and clear of all attachment or judgment liens. Before the actual commencement of any work for which a claim or lien may be filed, Tenant shall give Landlord notice of the Lease, desires intended commencement date a sufficient time before that date to make any alterations or additions enable Landlord to the Leased Premises, including but not limited to; erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment post notices of the Tenant’s business but not including erecting a new hangar non- responsibility or any other accessory buildingnotices which Landlord deems necessary for the proper protection of Landlord's interest in the Premises, Building or the Tenant may do so Project, and Landlord shall have the right to enter the Premises and post such notices at his own expense provided that any and all alterations or additions to the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsreasonable time.
c. Landlord may require, at Landlord's sole option, that Tenant provide to Landlord, at Tenant's expense, a lien and completion bond in an amount equal to at least one and one-half (21 1/2) The Tenant shall pay Rent at times the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the total estimated cost of any alterations, additions, installations alterations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on in or to the Leased Premises, to protect Landlord against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section 12c shall relieve Tenant of its obligation under Section 12b to keep the Premises, Building and Project free of all liens.
(4) No signd. Unless their removal is required by Landlord as provided in Section 12a, advertisement or notice all additions, alterations and improvements made to the Premises shall become the property of Landlord and be inscribed, painted or affixed by surrendered with the Tenant, or any other person on Premises upon the Tenant’s behalf, on any part expiration of the outside Term; provided, however, Tenant's equipment, machinery and trade fixtures which can be removed without damage to the Premises shall remain the property of the Hangar unless it is located along the facade of the Hangar’s front Tenant and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessaryremoved, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations subject to the Leased Premises made by the Tenant or in connection with any other activity provisions of the TenantSection 13b.
(6) The Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Leased Premises during the Term and shall repair all damage caused by the installation or the removal or both.
(7) The Tenant shall not bring onto the Leased Premises or any part of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Property.
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Sources: Lease Agreement (Air Methods Corp)
ALTERATIONS AND ADDITIONS. (1) If 13.01 Tenant shall not make any addition or alterations to the Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld as to non-structural additions or alterations but which, in any case, may be conditioned on Tenant, during ’s removing any such additions or alterations upon the expiration of the Term and restoring the Premises to the same condition as on the date Tenant took possession or on other requirements of this Lease Landlord. All work shall be done in a good and workmanlike manner, using new, first quality materials, constructed in compliance with all Federal, state, and local laws, ordinances and governmental regulations affecting the Premises and such alterations or improvements shall be performed by a contractor approved in writing by the Landlord. Construction of such alterations or improvements shall commence only upon Tenant obtaining and providing Landlord with copies of the requisite approvals, licenses and permits from the City of Minneapolis, Minnesota, including the Minneapolis Historical Society, the Minneapolis Heritage Preservation Commission and the Minneapolis Warehouse District Commission, and any other applicable governmental authority.
13.02 Tenant shall pay the costs of any work done on the Premises pursuant to Section 13.01, in respect to any labor, service, materials, supplies or equipment furnished to Tenant in or about the Premises, and shall keep the Premises, Building and Project free and clear of liens of any kind. Prior to commencement of any work Tenant shall furnish Landlord with a sworn construction statement listing the names and addresses of all persons, firms, or companies that will be performing labor, or furnishing materials, services, supplies or equipment to Tenant in or about the Premises which may be secured by any mechanic’s, material-men’s, or other liens against the Premises or Landlord’s interest therein. Tenant shall indemnify, defend against and keep Landlord free and harmless from all liability, loss, damage, costs, attorneys’ fees and any other expense incurred on account of claims by a person performing work or furnishing materials or supplies for Tenant or any renewal person claiming under Tenant.
13.03 Tenant shall keep Tenant’s leasehold interest free and clear of all attachment or judgment liens. Before the Lease, desires actual commencement of any work Tenant shall give Landlord sufficient notice to make any alterations or additions enable Landlord to post notices of non-responsibility for the Leased Premises, including but not limited to; erecting partitions, attaching equipmentproper protection of Landlord’s interest, and installing necessary furnishings or additional equipment of Landlord shall have the Tenant’s business but not including erecting a new hangar or right to enter the Premises and post and maintain such notices at any other accessory building, reasonable time on the Tenant may do so at his own expense provided that any and all alterations or additions to Premises under the Leased Premises made by the Tenant must comply with any requirement of the Landlord including Schedule “B” and all applicable building code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulationsState of Minnesota.
13.04 Landlord may require, at Landlord’s sole option, that Tenant provide at Tenant’s expense, a lien and completion bond at least one and one-half (21-1/2) The Tenant shall pay Rent at times the rate prescribed in paragraph 3 above based upon the area of the Hangar subsequent to any addition or alteration.
(3) The Tenant shall be responsible for and pay the total estimated cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Leased Premises.
(4) No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the outside of the Hangar unless it is located along the facade of the Hangar’s front and provided it complies with the Landlord’s signage requirements and with all applicable laws, by-laws and regulations and is in good workmanlike manner. No other sign, advertisement or notice shall be erected unless it has been approved in every respect by the Landlord in writing.
(5) The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Leased Premises made by the Tenant or in connection with any other activity protect Landlord against liens and to insure timely completion of the Tenantwork. Upon completion of any such work, Tenant shall provide Landlord with copies of all construction contracts and proof of payment for all labor and materials.
(6) The Tenant shall13.05 Unless their removal is required by Landlord as provided in Section 13.01, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by alterations shall become the Tenant property of Landlord upon the expiration of the Term; provided, however, Tenant’s equipment, machinery and trade fixtures which can be removed without damage to the Leased Premises during shall remain the Term property of Tenant and shall repair all damage caused by may be removed, subject to the installation or the removal or bothprovisions of Section 14.02.
(7) 13.06 The Tenant covenants contained in this Section shall not bring onto survive the Leased Premises expiration or any part termination of the Leased Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its hazardous nature, weight, size or use, damage the Leased Premises or the Property. If the Leased Premises or Property are damaged the Tenant shall restore the Leased Premises or Property immediately or pay to the Landlord the cost of restoring the Leased Premises or Propertythis Lease.
Appears in 1 contract
Sources: Lease Agreement (Sezzle Inc.)