ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition. (b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
Sources: Lease Agreement (Inamed Corp)
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s prior written consent, which Tenant shall not make or allow to be unreasonably withheld, make made any alterations, improvementsadditions or improvements to or of the Premises or any part thereof excepting non-structural interior alterations not exceeding Five Thousand Dollars ($5,000.00) in cost without first obtaining the written consent of Landlord, and any alterations, additions or utility installations inimprovements to or of said Premises, on or about the Premises unless such work is nonincluding, but not limited to, wall covering, paneling and built-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the Lessee will provide realty and belong to the Lessor Landlord and shall be surrendered with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, In the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition event Landlord consents to giving such consent, the Lessor may require that the Lessee agree to remove making of any such alterations, improvements, additions or utility installations improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense. Notwithstanding anything to the contrary herein, no installation, alterations, additions or improvements to or of any electrical system or outlet to or of the Premises, or any part thereof, shall be made, or allowed to be made by Tenant without first obtaining the written consent of Landlord. Upon the expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlord, give at least thirty (30) days prior to the end of the term, at Tenant’s sole cost and to restore the Premises to their prior condition.
(b) All alterationsexpense, improvements forthwith and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessorwith all due diligence, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with remove any alterations, additions, improvements, fixtures, equipment or other work performed improvements made by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien Tenant designated by Landlord to be removed, rescinded or dismissed includingincluding trade fixtures, without limitation, the posting of a bond pursuant to applicable lawmovable furniture and inventory, and in Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the event Lessee shall fail to do so within ten (10) days after written demand Premises caused by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeremoval.
Appears in 1 contract
Sources: Lease Agreement (Emulex Corp /De/)
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3Section, the term “"utility installations” " shall include include, without limitation, bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition Landlord may require reasonable conditions to giving such consent, the Lessor may require including without limitation that the Lessee Tenant agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, this Lease and to restore the Premises to their prior condition. As a further condition to giving consent, 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 (1.5) times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's and material’s liens and to insure completion of the work. Tenant shall not make or permit any alterations to the Building or to the heating, ventilating, air conditioning, plumbing, electrical, fire protection, life safety, security and other mechanical, electrical, communications systems of the Building ("Building Systems"), and shall not make or permit any alterations, installations, additions or improvements, structural or otherwise (collectively, "Alterations"), in, to or about the Premises, without Landlord’s prior written consent in each instance. All Alterations shall be done at Tenant’s expense and at no cost to Landlord (i) in accordance with plans and specifications approved by Landlord, (ii) only by duly licensed and bonded contractors or mechanics approved by Landlord, (iii) so that the same shall be at least equal in quality, value and utility to the original work or installation, (iv) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or the Building Systems, (v) in accordance with all applicable Laws, rules and regulations, and (vi) subject to any other conditions that Landlord may reasonably impose. If the cost of any Alterations is in excess of Five Thousand Dollars ($5,000), then Tenant shall pay to Landlord an administrative fee equal to one percent (1%) of the total "hard" costs of the work to compensate Landlord for the costs of review.
(b) All alterations, improvements and additions to the Premises Tenant shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, pay when due, due all claims for labor or materials furnished or alleged to have been furnished to or for the Lessee, Tenant at or for use in the PremisesPremise, which claims are or may be secured by any mechanics’ mechanic's or materialmen’s material lien against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days notice prior to the commencement of any work in the Premises, and the Lessor Landlord shall have the right to post notices of on non-responsibility in or on the Premises as provided by law.
(c) Unless otherwise agreed or required by Landlord at the time of consent to an Alteration, all Alterations and utility installations (whether or not such utility installations constitute trade fixtures of Tenant), 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 of this Lease or any extension hereof. Lessee agrees toIn particular, and shall indemnify and save Lessor free and harmless from and againstall alterations, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterationsimprovements, additions, improvementsutility installations, fixturesfurniture, fixtures and appliances for which Tenant receives a Tenant improvement allowance or reimbursement (including, to the extent not replaced or disposed of by Tenant, those furniture, fixtures and equipment or other work performed by or described on behalf Attachment A) of Lessee, this Lease shall make any claim or demand against Lessor, be and remain the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the term of this Lease or any extension hereof. Notwithstanding the Projectprovisions of this Section, or shall file any claimTenant's machinery and equipment, stop notice, lien, or otherwise, against Lessor, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, and other than that for which Tenant receives a Tenant improvement allowance or reimbursement shall remain the Project or property of Tenant and may be removed by Tenant subject to the lender for the Project and Lessee shall not cause the effect provisions of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by LesseeSection 7.3(a).
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s 's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements, additions additions, or utility installations Utility Installations in, on on, or about the Premises, or the Industrial Center, except for nonstructural alterations to the Premises unless with a cumulative cost for such work is nonalterations project not expected to exceed Twenty-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS Five Thousand Dollars ($100,000)25,000) per occurrence. For all workIn any event, regardless of the expected cost, Lessee shall make no change or alteration to the exterior of the Premises, the Lessee will provide Building or the Lessor with as-built drawings reflecting any changes Industrial Center or to the PremisesBuilding structure or Building systems, without Lessor's prior written consent, in Lessor's sole and absolute discretion. As used in this Section 6.3, paragraph 7.3 the term “utility installations” "Utility Installation" shall include bus ductingmean, to the extent the same are physically attached to the Premises and not capable of removal without causing damage to the Premises, window coverings, air lines, power panels, fluorescent electrical distribution systems, lighting fixtures, space heaters, conduits air conditioning, plumbing, and wiringfencing. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such or all of said alterations, improvements, additions additions, or utility installations Utility Installations at the expiration or sooner termination of the termterm hereof, and restore the Premises and the Industrial Center to the same condition as received, ordinary wear and tear and events of casualty and condemnation excepted. For projects with an expected cost exceeding one hundred thousand dollars ($100,000), Lessor may, upon written request, 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 estimated cost of such improvements, or a reasonable alternative form of security for completion of such project, to insure Lessor against any liability for mechanics and materialmen's liens, and to restore insure completion of the Premises to their prior condition.
(b) All work. Should Lessee make any alterations, improvements and additions improvements, additions, or Utility Installations to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against which, pursuant to the Premises or any interest thereinterms of this Lease, and require Lessor's prior approval, without the Lessor shall have the right to post notices prior approval of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, Lessor may, at any time during the Premises term of this Lease, require that Lessee remove any or all of the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseesame.
Appears in 1 contract
Sources: Industrial Lease (Discovery Partners International Inc)
ALTERATIONS AND ADDITIONS. 6.3.1 Not to demolish any building or do anything which would mean the Premises are not a commercial building or structure within the terms of Section 271(1)(b) of the Capital Allowances Act 2001.
6.3.2 Subject to the preceding sub-clause not to make any ▇▇▇▇▇▇▇ions or additions to any part of the Premises or erect any new building or make any additions or alterations to the Plant and not to cut maim or remove any parts of the Premises and not to make any change in the existing design or appearance of the Premises or to carry out any electrical work in the Premises or make any alteration in or extension to the electrical installations in the Premises without (in all cases) obtaining the written prior consent of the Landlord such consent not to be unreasonably withheld or delayed and the Landlord and the Tenant agree that if reasonable the Landlord may require the security or guarantee referred to in clause 6.3.5 in respect of reinstatement PROVIDED ALWAYS THAT the Tenant may:
(a) The Lessee shall not, make minor or routine alterations to the electrical installations or carry out maintenance work to these without the Lessor’s prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about consent of the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes Landlord subject to supplying to the Premises. As used in this Section 6.3, Landlord within one month of such alterations or maintenance work a set of drawings and sufficient detail outlining the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving nature of such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions alterations or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.maintenance work; and
(b) All alterations, improvements without the written consent of the Landlord install and additions to move at the Premises shall be performed by and remove from the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, Premises internal demountable partitions which approval shall are not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished in any way attached to or for otherwise affect the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices structure of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, Plant in or shall file any claim, stop notice, lien, or otherwise, against Lessor, upon the Premises, Premises subject to supplying to the Project or the lender for the Project and Lessee shall not cause the effect Landlord within one month of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed their being installed moved or removed including(as the case may be) two complete sets of drawings showing such internal demountable partitions.
(c) make any non-structural alterations required to divide the Premises into any Permitted Part, without limitation, (a) posting a bond pursuant provided that the Landlord's consent is obtained as provided for above in respect of any such alterations
6.3.3 Without prejudice to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeclause 6.
Appears in 1 contract
Sources: Lease (Corporate Property Associates 16 Global Inc)
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall not, without the LessorLandlord’s prior written consent, which such consent shall not be unreasonably withheld, make any alterations, improvements, improvements or additions or utility installations in, on on, or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior conditionProperty.
(b) All alterationsAny alteration, improvements and additions improvement or addition in or to the Premises Property that Tenant shall desire to make shall be performed presented to Landlord for approval in written form. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring all necessary permits to do the work from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work, the compliance by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee Tenant with all conditions of said permits in a prompt and expeditious manner.
(c) Tenant shall 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 the LesseeTenant, at or for use in the PremisesProperty, which claims are or may be secured by any mechanics’ or materialmen’s construction lien against the Premises 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 Property which might give rise to any such lien or claim of lien, and the Lessor Landlord shall have the right to post notices of non-responsibility in or on the Premises Property as provided by law. Lessee agrees toIf Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense, defend itself and Landlord against the same and shall indemnify pay and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If satisfy any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand adverse judgment that may be rendered thereon before the enforcement thereof against Lessor, the Premises Landlord or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by LesseeProperty.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (a) The Lessee Except as provided below, Tenant shall not, without the Lessor’s Landlord's prior written consent, which shall not may be unreasonably withheldgiven or withheld in Landlord's reasonable discretion, make any alterations, improvements, additions or additions, utility installations or repairs (hereinafter collectively referred to as "Alterations"; provided, that Alterations do not include the “Improvements” to be installed by Landlord pursuant to Exhibit E) in, on or about the Premises unless such work is non-structural and does or the Project; provided, however, that Landlord may, in its sole discretion, withhold its consent to any Alterations involving any of (ii) through (v) below. Alterations shall include, but shall not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all workbe limited to, the Lessee will provide the Lessor with as-built drawings reflecting any changes installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, painting, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. Without Landlord’s prior written consent, but upon at least fifteen (15) days’ prior written notice, Tenant may make cosmetic, nonstructural alterations ("Cosmetic Alterations") to the Premisesinside of the Premises (e.g., paint and carpet), that do not (i) involve the expenditure of more than $35,000 in the aggregate in any calendar year, (ii) affect the exterior appearance of the Building, (iii) affect the Building’s electrical, plumbing, HVAC, life, fire, safety or security systems, (iv) affect the structural elements of the Building or (v) adversely affect any other tenant of the Project. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at At the expiration or sooner termination of the term, Landlord may require the removal of any Alterations (including Cosmetic Alterations) installed by Tenant and to restore the restoration of the Premises and the Project to their prior condition, at Tenant's expense; provided, that with respect to Alterations requiring Landlord’s consent, Landlord shall indicate at the time of its consent whether any or all of such Alterations are subject to removal upon the expiration of the Term. 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, nor shall Tenant be required to remove any of the Improvements. If, as a result of any Alteration (other than the Improvements) 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 construction of any such 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 contractor as has been expressly approved by Landlord, and for any Alterations project costing over $1000,000, 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 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 three percent (3%) 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 any Alterations requiring Landlord’s consent, exclusive of Cosmetic Alterations (the “Landlord Fee”). If Landlord incurs architectural, engineering or other consultants’ fees in evaluating such Alterations, Tenant shall reimburse Landlord for these fees in addition to the Landlord Fee. If Tenant proposes Alterations to Landlord but subsequently elects not to construct the Alterations, and Landlord has incurred costs in reviewing Tenant’s proposed Alterations (e.g., architect’s, engineer’s or property management fees), Tenant shall reimburse Landlord for the reasonable costs incurred by Landlord within ten (10) business days after written demand. Should Tenant make any Alterations (including Cosmetic 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 (including Cosmetic Alterations) and return the Premises to the condition it was in prior to the making of the Alterations (including Cosmetic 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) All alterationsAny Alterations, improvements excepting Cosmetic Alterations, in or about the Premises that Tenant shall desire to make shall be presented to Landlord in written form, with plans and additions specifications which are sufficiently detailed to obtain a building permit, if required. If Landlord consents to an Alteration, the consent shall be deemed conditioned upon Tenant acquiring a building permit from the applicable governmental agencies, if required, furnishing a copy thereof to Landlord prior to the Premises commencement of the work, and compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. Tenant shall be performed by provide Landlord with as-built plans and specifications for any Alterations made to the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee Premises.
(c) Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for the Lessee, Tenant at or for use in the Premises, which claims are or may be secured by any mechanics’ mechanic's or materialmen’s 's lien against the Premises or the Project, or any interest therein. If Tenant shall, in good faith, contest the validity of any such lien, Tenant shall record a release bond to remove such contested lien from title to the Project within twenty (20) days after recordation thereof. In addition, Landlord may require Tenant to pay Landlord's reasonable attorneys' fees and costs incurred as a result of any such lien.
(d) Tenant shall give Landlord not less than ten (10) days' advance written notice prior to the commencement of any work in the Premises by Tenant, and the Lessor Landlord shall have the right to post notices of non-responsibility in or on the Premises as provided or the Project.
(e) All Alterations (whether or not such Alterations constitute trade fixtures of Tenant) which may be made to the Premises by law. Lessee agrees toTenant shall be paid for by Tenant, at Tenant's sole expense, and shall indemnify be made and save Lessor free done in a good and harmless from workmanlike manner and against, liability, loss, damage, costs, attorneys’ feeswith new materials satisfactory to Landlord, and all 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). Tenant's personal property and equipment, other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services than that which is affixed to Lessee, or the Premises so that it cannot be removed without material damage to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file remain the property of Tenant and may be removed by Tenant at any claimtime subject to the requirements of Section 7.2(b) above, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor being agreed that Landlord shall have the right (but not the obligation) to use whatever means no lien or other security interest in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by LesseeTenant’s personal property.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall notmake no alterations, additions or improvements to the Premises or any part thereof without obtaining the prior written consent of Landlord with the exception of additions or improvements that cost less than $5,000.00 and are nonstructural in nature. Tenant shall submit any such request to Landlord at least thirty (30) days prior to the proposed commencement date of such work. Landlord may impose, as a condition to such consent, and at Tenant's sole cost, such requirements as Landlord may deem necessary in its judgment, including without limitation, the manner in which the work is done, a right of approval of the contractor by whom the work is to be performed and the times during which the work is to be accomplished, approval of all plans and specifications and the procurement of all licenses and permits. Landlord shall be entitled to post notices on and about the Premises with respect to Landlord's non-liability for mechanics' liens and Tenant shall not permit such notices to be defaced or removed. Tenant further agrees not to connect any apparatus, machinery or device to the Building systems, including electric wires, fiber optic systems, telecommunication systems, cable trays, duct work, water pipes, fire safety, heating and mechanical systems, without the Lessor’s prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination consent of the term, and to restore the Premises to their prior conditionLandlord.
(b) All alterations, improvements and additions to the Premises, including, by way of illustration but not by limitation, all counters, screens, grilles, special cabinetry work, partitions, paneling, carpeting, drapes or other window coverings and light fixtures, shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance or injury at the end of the Lease term, whether by lapse of time or otherwise, unless Landlord, by notice given to Tenant no later than fifteen (15) days prior to the end of the term, shall elect to have Tenant remove all or any of such alterations, improvements or additions (excluding non-movable office walls), and in such event, Tenant shall promptly remove, at its sole cost and expense, such alterations, improvements and additions and restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. Any such removal, whether required or permitted by Landlord, shall be at Tenant's sole cost and expense, and Tenant shall restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. All movable partitions, machines and equipment which are installed in the Premises by or for Tenant, without expense to Landlord, and can be removed without structural damage to or defacement of the Building or the Premises, and all furniture, furnishings and other articles of personal property owned by Tenant and located in the Premises (all of which are herein called "Tenant's Property") shall be and remain the property of Tenant and may be removed by it at any time during the term of this Lease. However, if any of Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Building or the Premises resulting from such removal. All additions or improvements which are to be surrendered with the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in surrendered with the Premises, which claims are as a part thereof, at the end of the term or may be secured the earlier termination of this Lease.
(c) If Landlord permits persons requested by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right Tenant to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with perform any alterations, additionsrepairs, improvements, fixtures, equipment modifications or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, additions to the Premises, then prior to the Project commencement of any such work, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the state where the Premises are located evidencing that worker's compensation, public liability insurance and property damage insurance, all in amounts, with companies and on forms satisfactory to Landlord, are in force and maintained by all such contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured and shall provide that the same may not be canceled or modified without thirty (30) days prior written notice to Landlord.
(d) Tenant, at its sole cost and expense, shall cause any permitted alterations, decorations, installations, additions or improvements in or about the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien Premises to be removed, rescinded or dismissed including, without limitation, the posting performed in compliance with all applicable requirements of a bond pursuant to applicable lawinsurance bodies having jurisdiction, and in the event Lessee shall fail such manner as not to do so within ten (10) days after written demand by Lessor to cause the effect of said claiminterfere with, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop noticedelay, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.impose
Appears in 1 contract
Sources: Lease (Channelpoint Inc)
ALTERATIONS AND ADDITIONS. Section 8.01 Tenant may make alterations to (but not additions to, removals of, or substitutions for) the buildings or any portion thereof situated on the Demised Premises, provided that (a) The Lessee no such alterations shall not, be undertaken without the LessorLandlord’s prior written consent, which ; (b) the fair market value of the Demised Premises shall not be unreasonably withheldlessened by reason thereof; (c) all such alterations shall be completed in compliance with any and all valid laws, rules, regulations, ordinances, orders, codes, judgements, decrees, injunctions, permits or similar norms or decisions of any Governmental Authority having jurisdiction over the Demised Premises or the use, manner of use or occupancy thereof; and (d) any such additions shall become the property of Landlord when completed. Tenant shall discharge any and all liens filed against the Demised Premises arising out of any alteration thereof, if applicable, and upon the written request of Landlord, shall deliver to Landlord a surety bond or other security satisfactory to Landlord to assure the completion thereof.
Section 8.02 Tenant shall not construct or place upon the Demised Premises any additional buildings, structures, facilities or other improvements without the prior written consent of Landlord. Notwithstanding anything else in this Lease, or at the any time Landlord is wholly-owned by a Delaware statutory trust, Landlord shall not have the right power or ability to make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is more than minor non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes modifications to the Premises. As used Property (in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior conditionaccordance with Revenue Ruling 2004-86).
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
Sources: Master Lease
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall notnot 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 Lessor’s prior written consentconsent 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 would (i) affect any area outside the Premises; (ii) affect the Building's structure, equipment, services or systems, or the proper functioning thereof, or Landlord's access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; (vi) will violate or require a change in any occupancy certificate applicable to the Premises; or (vii) would trigger a legal requirement which would require Landlord to make any alterationsalteration or improvement to the Premises, improvementsBuilding or Project. Notwithstanding the foregoing, additions or utility installations inTenant may, on or about without Landlord's prior consent, but upon no less than ten (10) days prior notice to Landlord, shall have the Premises unless such work is right to make interior, non-structural Alterations that are solely cosmetic or decorative in nature (such as painting, carpeting and other wall coverings), or installation, removal, replacement or assembly of office furniture, fixtures or equipment (including cubicles and computers) ("MINOR MODIFICATIONS"); provided, however, that the cost of such Minor Modifications does not exceed ONE HUNDRED THOUSAND DOLLARS $25,000 and such Minor Modifications otherwise comply with the provisions of this Paragraph 12.
(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. 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; provided, however, that Tenant shall not be assessed more than $500.00 per project for Landlord's costs. 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, Landlord's Investment Advisors, any property manager designated by Landlord 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 ($100,0003,000,000.00) 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). For .
(c) All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all workproperty that has become an integral part of the Premises or the Building, shall at once be and become the Lessee will provide property of Landlord, and shall not be deemed trade fixtures or Tenant's Property.
(d) All telephone, computer and/or telecommunication equipment and cabling shall be installed within the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” Premises and shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at be removed upon the expiration or sooner termination of the term, this Lease and to restore the Premises restored to their prior conditionthe same condition as before such installation.
(be) All alterations, improvements and additions Notwithstanding anything herein to the Premises 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 performed by obtain the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, written permission of Landlord which approval permission shall not be unreasonably withheldwithheld or delayed.
(f) Tenant agrees not to proceed to make any Alterations, not withstanding consent from Landlord to do so, until Tenant notifies Landlord 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 payment for Tenant's improvements. The Lessee Tenant will at all times permit such notices to be posted and to remain posted until the completion of work.
(g) Tenant shall paynot, when due, all claims for labor or materials furnished at any time prior to or for during the LesseeTerm, at directly or for use indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors whether in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, Alteration or otherwise, against Lessorif it is reasonably foreseeable that such employment will materially interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the Premisesconstruction, maintenance or operation of the Project by Landlord, Tenant or others. In the lender for event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeimmediately.
Appears in 1 contract
Sources: Office Lease Agreement (Performance Capital Management LLC)
ALTERATIONS AND ADDITIONS. 3.5.1 Not to commit any act of waste
3.5.2 Not to erect any buildings or other structures on the Property nor make any structural or external alterations additions or variations to any structures for the time being on the Property without the Landlord's prior written consent (such consent not to be unreasonably withheld or delayed) save that the Landlord can only refuse such consent if:-
(a) The Lessee shall not, without such erection alteration addition or variation will adversely affect the Lessor’s prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions Landlord's statutory obligations as a landlord or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As as a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.local authority and/or
(b) All alterations, improvements and additions such erection alteration addition or variation will have an adverse effect on the structural integrity of any structures on the Property or any part or parts of any structures on the Property and/or
(c) such erection alteration addition or variation will adversely affect the value of the Landlord's revisionary interest in the Property
3.5.3 As part of the application to the Premises Landlord for its consent pursuant to Clause 3.5.2 the Tenant shall:-
(a) submit to the Landlord adequate plans and specifications describing the proposed erection alteration addition or variation and shall consult with the Landlord on the proposed erection alteration addition or variation and shall take into account any representations that the Landlord may reasonably make in relation to the matters referred to at Clause 3.5.2 (a) (b) and (c)
(b) make any necessary variations or alterations to the plans and specifications in accordance with the reasonable representations of the Landlord pursuant to sub- clause (a) above
(c) covenant with the Landlord as to the execution and (if it is agreed between the parties before the works are carried out that they will be performed by reinstated at the Lessor’s contractor for determination of the Project or other licensed contractor Term) the reinstatement of any of the works as the Landlord may reasonably require
3.5.4 In relation to any works permitted pursuant to Clauses 3.5.2 and 3.5.3 above to carry out all such works only in accordance with such plans and specifications as have been provided to and approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, Landlord in writing or as have been subsequently varied in accordance with any representations of the Landlord
3.5.5 After commencing any works of erection alteration addition or variation as permitted pursuant to Clauses 3.5.2 and 3.5.3 above to complete such works as soon as reasonably practicable and in any event no later than by the end of the Term
3.5.6 To carry out any works permitted by this Lease in a good and workmanlike manner as soon as reasonably practicable with good quality materials strictly in accordance with all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, relevant British Standards including codes of practice and the Lessor shall have requirements and regulations of all utility companies affected by such works and so that any easements rights privileges or liberties which third parties enjoy in over or under the right Property are not interfered with and that no nuisance is caused to post notices of non-responsibility in the Landlord
3.5.7 Not to carry out any erection alteration addition or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services variation which hinders access to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.Conduit
Appears in 1 contract
Sources: Lease
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s 's prior written consent, which make any alterations, improvements, additions, or Utility Installations in, on or about the Premises, except for non-structural alterations not exceeding Ten Thousand Dollars ($10,000) in cost. Lessee shall not make any such alterations, improvements, additions or Utility Installations exceeding One Thousand Dollars ($1,000) in cost without giving Lessor prior written notice thereof. As used in this Paragraph 6.3 the term "Utility Installation" shall mean bus ducting, power panels, wiring, fluorescent fixtures, space heaters, conduits, air conditioning and plumbing. Lessor may require that Lessee remove any or all of said consented alterations, improvements, additions or Utility Installations made during the Prior Term or the Term at the expiration of the Term, and restore the Premises to their prior condition. All such alterations, improvements and additions by Lessee shall be unreasonably withheldmade and maintained by Lessee at its sole expense, including, but not limited to, the cost of insurance, maintenance, repairs or taxes on or to the same. 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 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 inUtility Installations without the prior approval of Lessor, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to immediately remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by at Lessee's sole expense.
Appears in 1 contract
Sources: Lease Agreement (Alternative Distribution Systems Inc)
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s 's prior written consent, which make any alterations, improvements, or Utility Installations in, on or about the Premises, except for nonstructural alterations not exceeding Two Thousand Five Hundred Dollars and no/100 ($2,500.00) in cumulative costs during the term of this Lease. In any event, whether or not in excess of Two Thousand Five Hundred Dollars and no/100 ($2,500.00) in cumulative cost, Lessee shall not be unreasonably withheldmake no change or alteration to the exterior of the Premises nor the exterior of the building(s) on the Premises without Lessor's prior written consent. As used in this Paragraph 7.3, the term "Utility Installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Lessor may require that Lessee remove any or all of said alterations, improvements, additions or Utility Installations at the expiration of the term, and restore the Premises to their prior condition. 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 estimated cost of such improvements, to insure Lessor against any liability for mechanics' and materialmen's liens and to ensure completion of the work. Should Lessee make any alterations, improvements, additions or utility installations inUtility Installations without the prior approval of Lessor, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination all of the term, and to restore the Premises to their prior conditionsame.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
Sources: Industrial Lease (Golden West Brewing Company, Inc.)
ALTERATIONS AND ADDITIONS. (a) The Lessee LANDLORD ACKNOWLEDGES TENANT INTENDS TO MAKE SUBSTANTIAL -------------------------------------------------------- ALTERNATIONS TO THE PREMISES. NEVERTHELESS, Tenant shall not, without the Lessor’s --------------------------------------------- Landlord's prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, or additions or utility installations in, on on, or about the Premises unless such work is non-Premises, except for non structural and does alterations not exceed ONE HUNDRED THOUSAND DOLLARS exceeding TWENTY FIVE One Thousand Dollars ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used 25,000) ($1,000) in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiringcost. As a ----------- --------- condition to giving such consent, the Lessor Landlord may require that the Lessee agree to Tenant remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All Before commencing any work relating to alterations, additions and improvements and additions to affecting the Premises (none of which are required or requested by Landlord, nor any obligation of Tenant under this Lease), Tenant shall be performed by notify Landlord in writing of the Lessor’s contractor for expected date of commencement thereof. Landlord shall then have the Project right at any time and from time to time to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises and Landlord from mechanic's liens, materialmen's liens, or any other licensed contractor approved by the Lessorliens. In any event, which approval shall not be unreasonably withheld. The Lessee Tenant shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at Tenant or for use in the Premises, which claims are or may be secured by . Tenant shall not permit any mechanics’ mechanic's or materialmen’s lien 's liens to be levied against the Premises 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 interest therein, and the Lessor shall character performed or claimed to have the right to post notices of non-responsibility in or been performed on the Premises by or at the direction of Tenant.
(c) Unless Landlord requires their removal, as provided by law. Lessee agrees toset forth in Article 7.5(a), and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, or 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. Notwithstanding the provisions of this Article 7.5(c), Tenant's machinery, equipment and trade fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, than that which is affixed to the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, so that it cannot be removed without material damage to the Premises, shall remain the Project or property of Tenant and may be removed by Tenant subject to the lender for the Project and Lessee shall not cause the effect provisions of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by LesseeArticle 7.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (a) The 10.1 Lessee, may, at any time, at its sole cost and expense, make all alterations and additions to existing structures and may make other improvements to the leased property, provided that Lessee is not in default under any of the terms or provisions of this Lease, subject to the further provisions of this Article and to all other applicable provisions of this Lease.
10.2 No alteration or addition shall not, be made without the Lessor’s 's prior written consent, consent (which consent shall not be unreasonably withheld) if:
10.2.1 The proposed alteration or addition would change the type or character of the Improvements; or 10
10.2.2 The proposed alteration or addition would reduce the size of the Improvements or diminish the area thereof; or
10.2.3 If, in any single instance, the estimated cost of any proposed alteration or addition is $50,000.00 or more .
10.3 In the event the Lessee should at any time intend to make an addition to the Improvements and if the Lessee intends to obtain a loan to finance the same, then the Lessee shall deliver to the Lessor a written notice to that effect including: (i) plans and specifications; (ii) an itemization of all costs involving such construction; (iii) a copy of the construction contract, if any; and (iv) a copy of any alterationsbona fide loan commitment which Lessee has received, improvementsand/or a copy of any offer of proposed financing which Lessee has received, additions if any. The Lessor shall have the right and option for a period of sixty (60) days after receipt of such notice and data to elect to finance such construction upon the same terms as were stated in such prior loan commitment, if any, or utility installations inin such offer of proposed financing (iv above) by written notice by Lessor to Lessee, on or about the Premises unless such work is non-structural and upon any other mutually agreeable terms. If Lessor does not exceed ONE HUNDRED THOUSAND DOLLARS elect to exercise such option and if such proposed loan is effected within ninety ($100,000)90) days after the termination of such option in the manner and upon the terms set forth in said prior loan commitment, or said prior offer or proposed financing, as the case may be, then the said loan may be consummated, provided however the terms of this Section shall have equal application to any new such lender. For all work, the Lessee will provide If the Lessor with as-built drawings reflecting any changes does not elect to exercise such option and if the Premises. As used in this Section 6.3proposed loan is not effected within ninety (90) days after the termination of such option, then such construction may not be financed by a party other than Lessor without again giving the term “utility installations” notice to Lessor and the Lessor again shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits have the option to loan as herein provided.
10.4 Except for alterations and wiring. As a condition to giving such additions not requiring Lessor's prior consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions each alteration or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises addition shall be performed made under the supervision of an architect or engineer selected by the Lessor’s contractor for the Project or other licensed contractor Lessee and approved by the Lessor, which approval shall not be unreasonably withheld; and shall be made in accordance with detailed plans and specifications prepared by such architect or engineer. The Copies of all such plans and specifications shall be delivered by Lessee to Lessor, and shall be subject to Lessor's prior approval.
10.5 No alteration or addition shall be made except in compliance by Lessee with each of the following provisions:
10.5.1 All alterations and additions shall be made with reasonable diligence and dispatch (subject to unavoidable delays) in a first-class manner and with first-class workmanship and materials comparable to or better than those existing.
10.5.2 Before any changes or alterations are begun, Lessee shall payprocure, when dueat its expense, all claims necessary licenses, permits, approvals and authorizations from all governmental authorities and shall upon demand deliver photocopies thereof to Lessor. Upon Lessee's request, Lessor shall join in the application for labor such license, permits, approvals and authorizations whenever such action is necessary and Lessee covenants that Lessor will not suffer, sustain or materials furnished incur any cost, expense or liability by reason thereof. 11
10.5.3 Promptly after the completion of any change or alteration, Lessee shall procure at Lessee's expense all such approvals by governmental authorities, if any, of the completed change or alteration as may be required by any applicable law or ordinance or any applicable rule or regulation of governmental authorities and all such insurance organizations' approvals, if any, as may be required or customary in connection therewith, and on written demand shall promptly deliver photocopies thereof to Lessor.
10.5.4 No alteration or addition shall create any encroachment upon any street or upon any adjacent premises.
10.5.5 Unless performed entirely within the enclosure walls of any building then existing on the premises, Lessee shall on written demand promptly deliver to Lessor a copy of a final survey of the premises showing the completed alteration or addition.
10.5.6 No alteration or addition shall be made which would render title to the leased premises or any part thereof unmarketable or objectionable to Lessor.
10.5.7 No alteration or addition shall be made which would tie-in or connect any building or structure on the premises with any other building or structure located outside of the boundary lines of the premises without the written consent of Lessor, which consent shall not be unreasonably withheld.
10.5.8 At all times when any alteration or addition is in progress there shall be maintained, at the Lessee's expense, workmen's compensation insurance in accordance with the law covering all persons employed in connection with the alteration or addition and general liability insurance for the mutual benefit of and insuring the Lessee, at Lessor and First Mortgagee, expressly covering the additional hazards due to the addition or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinalteration, and the Lessee shall provide the Lessor with a copy of such insurance policies upon demand.
10.6 The Lessor shall have in no event be required to maintain or make any alteration, rebuilding, replacement, change, addition, improvement or repair upon the right to post notices of non-responsibility in or on leased property during the Premises as provided by law. Lessee agrees toterm.
10.7 All buildings, and shall indemnify and save Lessor free and harmless from and againstalterations, liabilityrebuildings, lossreplacements, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterationschanges, additions, improvements, fixturesequipment and appurtenances on or in the leased property which were placed thereon after December 31, 1975 or which may hereafter be placed thereon shall immediately become the sole and absolute property of the Lessor and shall be deemed to be part of the leased property except that all moveable equipment and trade fixtures installed by the Lessee or other work performed by others holding under or on behalf of through the Lessee, shall make any claim be and remain the property of the Lessee or demand against Lessor, such other parties. The Lessor may designate by written notice to Lessee those alterations and additions which shall be removed by Lessee at the Premises expiration or termination of the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project Lease and Lessee shall not cause promptly remove the effect of same and repair any damage to the leased premises caused by such claimremoval, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition except as to such other remedies it may have, alterations and/or additions to which the Lessor shall have (or the right (but Original Lessor) has previously given the Lessee its written consent that the same need not be removed by Lessee at the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, expiration or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or lienstermination of this Lease. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.12
Appears in 1 contract
Sources: Lease Agreement (Spartan Stores Inc)
ALTERATIONS AND ADDITIONS. (a) The Lessee Except as provided in paragraph 8.6(d) below, Tenant shall not, without the LessorLandlord’s prior written consent, consent which shall not be unreasonably withheld, make any alterations, improvements, additions additions, or utility installations Utility Installations in, on to or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000)Premises. For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes Tenant shall make no change or alteration to the Premisesexterior of the Building without Landlord’s prior written consent, which consent may be withheld for any reason in Landlord’s sole discretion and which may at Landlord’s discretion be conditioned upon Tenant’s providing 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 cost of the work. As used in this Section 6.3Section, the term “utility installationsUtility Installations” shall include bus ductingmean carpeting, window coverings, air lines, power panels, fluorescent electrical distribution systems, lighting fixtures, space heaters, conduits air conditioning, plumbing and wiringfencing. As a condition to giving such consent, the Lessor Landlord may require that at the Lessee agree time of giving its consent to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions Utility Installations to the Premises shall be performed requested by Tenant that Tenant remove, prior to the Lessor’s contractor for expiration of the Project Term, any or other licensed contractor approved by the Lessorall of such requested alterations, which approval improvements, additions or Utility Installations (provided that Tenant shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished required to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with remove any alterations, additions, improvements, fixturesadditions or Utility Installations that are made by Tenant as part of the original Tenant Improvements), equipment or other work performed by or on behalf of Lessee, and following such removal Tenant shall make repair any claim or demand against Lessor, damage to the Premises or the ProjectCommon Areas caused by such removal. With the exception of Cosmetic Alterations (as defined in Section 8.6(d) below), should Tenant make any alterations, improvements, additions or shall file Utility Installations without the prior approval of Landlord, Landlord may, at any claimtime during the Term of this lease, stop notice, lien, require that Tenant remove any or otherwise, against Lessor, all of the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseesame.
Appears in 1 contract
Sources: Standard Industrial Lease (Alphatec Holdings, Inc.)
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall not, without the Lessor’s Landlord's prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions additions, or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the which term “"utility installations” " shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring) in, or about the Premises, except for nonstructural alterations to the Premises costing less than Twenty Five Thousand Dollars ($25,000) in the aggregate over any one (1) year period. As a condition to giving such consent, the Lessor Landlord may require that the Lessee Tenant agree to (i) remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, Term and to restore the Premises to their prior conditioncondition or, in the alternative, (ii) require that such alterations, improvements, additions or utility installation shall become the property of Landlord and shall be left by Tenant upon the expiration of the Term. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, lien and completion bonds in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements to insure Landlord against any liability for mechanics' and materialsmen's liens and to insure completion of the work.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for the Lessee, Tenant at or for use on or in connection with the Premises, which claims are or may be secured by any mechanics’ ' or materialmen’s lien 's liens against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days notice prior to commencement of any work on the Premises, and the Lessor Landlord shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to.
(c) Unless Landlord requires their removal as set forth in subparagraph (a) above or otherwise consents to such removal, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment additions and utility installations which may be made on or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, to the Premises or shall become the Projectproperty of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term. Notwithstanding the provisions of this subparagraph (c), or shall file any claim, stop notice, lien, or otherwise, against Lessor, Tenant's machinery and equipment other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the Project or property of Tenant and may be removed by Tenant subject to the lender for the Project and Lessee shall not cause the effect provisions of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10paragraph 8(c) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeabove .
Appears in 1 contract
Sources: Sublease Agreement (Sycamore Park Convalescent Hospital)
ALTERATIONS AND ADDITIONS. (a) The 7.3.1 Lessee shall not, without the Lessor’s 's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements additions, Utility Installations or repairs in, on or about the Premises, or the Building Project. As used in this paragraph 7.3 the term "Utility Installation" shall mean carpeting, window and wall coverings, power panels, electrical distribution systems, lighting fixtures, air conditioning, plumbing, and telephone and telecommunication wiring and equipment. Lessor shall inform Lessee, at the time Lessor provides consent to any alteration or improvement, whether Lessee shall be responsible for the removal of such alteration or improvement, and the return of the Premises to their prior condition upon the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Lessee shall not be required to remove the initial tenant improvements to the Premises the construction of which has commenced prior to November 1, 1997. Notwithstanding anything to the contrary herein, Lessee shall have the right to make non-structural alterations to the Premises which do not affect the Building systems and which cost less than Five Thousand Dollars ($5,000) in the aggregate over any twelve (12) month period without the prior written consent of Lessor, provided that such alterations are otherwise made in compliance with the terms of this Lease. Lessee shall notify Lessor in writing of such alterations, additions or improvements and Lessor shall within ten (10) days, inform Lessee in writing whether Lessee is responsible for the removal of such alterations, addition or improvements at the expiration or earlier termination of the term of this 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 and reasonably 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 and one-half times 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 in, on or about Utility Installations without the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination prior approval of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall or use a contractor not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid expressly approved by Lessor, including attorneys’ fees and bond premiumsLessor may, shall be immediately due and payable to Lessor by Lesseeat any time during the term of this Lease, require that Lessee remove any part or all of the same.
Appears in 1 contract
Sources: Standard Lease (Microelectronic Packaging Inc /Ca/)
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall not, without Landlord's prior written consent make any alterations, improvements, additions, or Utility Installations in, on or about the Lessor’s Premises, or the Industrial Center, except that no such consent shall be needed for the Tenant Improvements (other than is required in the Work Letter Agreement attached as Exhibit "D") and for nonstructural alterations to the Premises not exceeding $25,000 as to any single work of alteration or $100,000 in the aggregate in the five (5) year period during the term of this Lease (the "Threshold Amounts"). In any event, whether or not in excess of the Threshold Amounts, Tenant shall make no change or alteration to the exterior of the Premises nor the exterior of the Building nor the Industrial Center without Landlord's prior written consent. Notwithstanding the foregoing, which Tenant may install a roof antenna as expressly permitted by Paragraph 53 of this Lease. Landlord agrees that Tenant may construct a cafeteria in the Premises, subject to Landlord's approval of the plans for that work and Tenant's compliance with the other requirements of this Paragraph 7.3 in connection with the construction of that cafeteria. If the cafeteria is constructed as part of the initial Tenant Improvements pursuant to the Tenant Work Letter, the terms and conditions of the Tenant Work Letter shall govern that construction. As used in this Lease, the term "Utility Installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Unless otherwise agreed to by Landlord as provided in this paragraph 7.3(a), Landlord may require that Tenant remove any or all of said alterations, improvements, additions or Utility Installations at the expiration or earlier termination of the term, and restore the Premises and the Industrial Center to their prior condition. 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 mechanic's and materialmen's liens and to insure completion of the work; provided that Landlord hereby agrees that so long as the initially named Tenant is the Tenant under this Lease, Tenant shall not be unreasonably withheld, obligated to provide Landlord with a lien and completion bond. Should Tenant make any alterations, improvements, additions or utility installations inUtility Installations without the prior <PAGE> -22- approval of Landlord, on Landlord may, at any time during the term of the Lease, require that Tenant remove any or about all of the same. Anything in this Lease to the contrary notwithstanding, at the time that Tenant requests Landlord's approval of any alteration, Tenant may also request that Landlord indicate in its approval whether the particular alteration will be required by Landlord to be removed at the end of the term. If that request is made by Tenant and Landlord's approval of the alteration does not require the removal of the alteration at the end of the term, then any provision of this Lease that would require removal of that alteration shall be deemed waived by Landlord with respect to that particular alteration. Notwithstanding the foregoing, so long as Landlord has had the opportunity to review and approve the plans therefor, Tenant shall not be obligated to remove from the Premises unless at the expiration or earlier termination of this Lease the Tenant Improvements (including without limitation the Mezzanine Expansion) or any cafeteria constructed by Tenant.
(b) Any alterations, improvements, additions, or Utility Installations made by Tenant during the term of this Lease shall be done in a good and workmanlike manner and of good and sufficient materials, and Tenant shall, within thirty (30) days after completion of such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all workalteration, the Lessee will improvements, addition or Utility Installation, provide the Lessor Landlord with as-built drawings reflecting any changes plans and specifications for same. Notwithstanding anything contained in this Lease to the Premises. As used in this Section 6.3contrary, the term “utility installations” Paragraphs 7.3(d)(i)(bb) and (cc) shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition apply to giving such consent, the Lessor may require that the Lessee agree to remove any such non-structural alterations, improvements, additions or utility installations at Utility Installations not exceeding the expiration or sooner termination of the term, and to restore the Premises to their prior conditionThreshold Amounts in cost.
(bc) All Any alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment additions or other work performed by Utility Installations in or on behalf of Lessee, shall make any claim or demand against Lessor, about the Premises or the ProjectIndustrial Center that Tenant shall desire to make and which requires the consent of the Landlord shall be presented to Landlord in written form, or with proposed detailed plans. If Landlord shall file any claim, stop notice, lien, or otherwise, against Lessorgive its consent, the Premises, the Project or the lender for the Project and Lessee consent shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of deemed conditioned upon Tenant acquiring a bond pursuant to applicable law, and in the event Lessee shall fail permit to do so within ten (10) days after written demand from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Lessor to cause the effect Tenant of all conditions of said claimpermit in a prompt and expeditious manner.
(d) For any additions, stop notice or lien to be removedalterations, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop noticeimprovements, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, Utility Installations requiring Landlord's prior written consent (aexcept those improvements for which Landlord's consent is not required under this Lease):
(i) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.Tenant shall:
Appears in 1 contract
Sources: Lease (Esterline Technologies Corp)
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall not, without the Lessor’s Landlord's prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, or additions or utility installations in, on on, or about the Premises unless such work is non-Premises, except for non structural and does alterations not exceed ONE HUNDRED THOUSAND DOLLARS exceeding Five Thousand Dollars ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used 5,000) in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiringcost. As a condition to giving such consent, the Lessor Landlord may require that the Lessee agree to Tenant remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All Before commencing any work relating to alterations, additions and improvements and additions to affecting the Premises (none of which are required or requested by Landlord, nor any obligation of Tenant under this Lease), Tenant shall be performed by notify Landlord in writing of the Lessor’s contractor for expected date of commencement thereof. Landlord shall then have the Project right at any time and from time to time to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises and Landlord from mechanic's liens, materialmen's liens, or any other licensed contractor approved by the Lessorliens. In any event, which approval shall not be unreasonably withheld. The Lessee Tenant shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at Tenant or for use in the Premises, which claims are or may be secured by . Tenant shall not permit any mechanics’ mechanic's or materialmen’s lien 's liens to be levied against the Premises 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 interest therein, and the Lessor shall character performed or claimed to have the right to post notices of non-responsibility in or been performed on the Premises by or at the direction of Tenant.
(c) Unless Landlord requires their removal, as provided by law. Lessee agrees toset forth in Article 7.5(a), and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or additions which may be made on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or shall become the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect property of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.Landlord and
Appears in 1 contract
Sources: Lease Agreement (Optiva Corp /Wa/)
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without Lessor's prior written consent make any alterations, improvements, additions, or Utility Installations in, on or about the Premises, or the Industrial Center, except for nonstructural alterations to the Premises not exceeding $80,000 in cumulative costs during the term of this Lease or $20,000.00 as to any single project (collectively, the "Threshold Amounts"). In any event, whether or not in excess of either of the Threshold Amounts, Lessee shall make no change or alteration to the exterior of the Premises nor the exterior of the Building nor the Industrial Center without Lessor’s 's prior written consent. As used in this Paragraph 7.3 the term "Utility Installation" shall mean air lines, which shall not be unreasonably withheldpower panels, make electrical distribution systems, space heaters, air conditioning, plumbing, and fencing. At the expiration or earlier termination of the term, Lessor may require that Lessee remove any alterations, improvements, additions or utility installations in, Utility Installations with respect to which Lessor's consent was not obtained (or with respect to which Lessor conditioned Lessor's consent on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree Lessee's agreement to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, same if so required by Lessor) and to restore the Premises and the Industrial Center to their prior condition.
(b) All alterations; provided, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessorhowever, which approval that Lessor agrees that Lessee shall not be unreasonably withheldrequired to remove any of the Initial Improvements constructed in the Premises pursuant to the Construction Agreement attached hereto as Exhibit "C.". The Lessor may require Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lesseeprovide Lessor, at or for use Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices estimated cost of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.such
Appears in 1 contract
Sources: Lease (Vans Inc)
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s 's prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions additions, or utility installations Lessee Installations (collectively the “Alterations”) in, on or about the Premises unless such work is non-structural and does Premises, except for nonstructural Alterations not exceed ONE HUNDRED THOUSAND DOLLARS (exceeding $100,000)5,000.00 during the term of this Lease. For all workIn any event, the whether or not in excess of $5,000.00, Lessee will provide the Lessor with as-built drawings reflecting any changes shall make no change or alteration to the Premisesexterior of the Premises nor the exterior of the Building without Lessor's prior written consent. As used in this Section 6.3, 7.3 and elsewhere in this Lease the term “utility installationsLessee Installations” shall include bus ductinginclude, power panelswithout limitation, fluorescent window coverings, lighting fixtures, space heatersair conditioning, conduits plumbing and wiringfencing. As Lessor may require Lessee to provide Lessor, at Lessee's sole expense, a condition lien and completion bond in an amount equal to giving such consentone and one‐half (1‐1/2) times the estimated cost of the Alterations 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 without the prior consent of Lessor, the except those that are permitted under this section 7(a), Lessor may require that the Lessee agree to immediately remove any or all of such alterations, improvements, additions Alterations. Lessor may require that Lessee remove any or utility installations all of its Alterations on or before surrender of possession at the expiration or sooner termination of the term, Term and to restore the Premises to their prior conditionits condition on the Commencement Date.
(b) All alterationsAny Alterations in or about the Premises that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form, improvements and additions with detailed plans of the proposed project. If Lessor gives consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so, if required, from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the Premises shall be performed commencement of the work, the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner and the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Alterations being done in a good and workmanlike manner.
(c) Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, Lessee at or for use in the Premises, and Lessee shall contest all claims for labor or materials alleged to have been furnished to or for Lessee at or for use in the Premises, in each case which claims are or may be secured by any mechanics’ mechanic's or materialmen’s 's lien against the Premises or any interest therein. Lessee shall give Lessor not less than fifteen (15) days' notice prior to the commencement of any work at the Premises, and the Lessor shall have the right to post notices of non-responsibility non‐responsibility in or on the Premises as provided by law. If Lessee agrees toshall contest the validity of any such lien, claim or DocuSign Envelope ID: 1BDF4748-CC58-412F-9575-A0FF2EDF2B1C demand, then Lessee shall, at Lessee's sole expense defend itself, Lessor and the Premises against the same and shall indemnify pay and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If satisfy any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand such adverse judgment that may be rendered thereon before the enforcement thereof against Lessor, the Premises or Building and the Project, or shall file any claim, stop notice, lien, or otherwise, against land on which the Building is located. On written request from Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause furnish a release bond as provided under California Civil Code Section 3143 or any successor statute, which shall release such lien from the effect of Land and the Building. In addition, Lessor may require Lessee to pay Lessor's attorney's fees and costs in participating in such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and action if Lessor shall decide it is in the event Lessee shall fail its best interest to do so so.
(d) Upon termination of or expiration of the Term of this Lease, any property of Lessee not removed by Lessee at surrender of the Premises (or within ten (10) days after written demand termination of the Term of this Lease by Lessor by reason of Lessee's default) shall be considered abandoned, and Lessor may remove any or all such items, and store the same in a public warehouse or elsewhere for the account and at the expense and risk of Lessee. If Lessee shall fail to cause pay the effect cost of said claimstoring any such property after it has been stored for a period of thirty (30) days or more, stop notice Lessor may sell any or lien to be removed, rescinded all of such property at public or dismissed, such failure shall constitute a default hereunder. In such eventprivate sale, in addition such manner and at such times and places as Lessor, in its sole discretion, may deem proper, without notice to such other remedies it may have, or demand upon Lessee. Lessor shall have apply the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed includingproceeds of such sale, without limitationinterest, as follows: (ai) posting a bond pursuant First, to applicable lawthe costs and expenses of such sale, including Lessor's attorneys' fees; (ii) Second, to the payment of the expense of or charges for removal and storing any such property; (biii) paying a Third, to the payment of any other sum sufficient of money which may then or thereafter be due to dischargeLessor from Lessee under any of the provisions of this Lease; and (iv) Fourth, the balance, if any, to Lessee.
(e) All alterations, additions, improvements of the Premises before or during the term of this Lease, whether by Lessor at Lessor's expense or at the expense of Lessee or both, shall be and remain part of the Premises and shall not be removed by Lessee at the termination or end of the term of this Lease, unless otherwise expressly provided for in fullthis Lease. Such alterations, any additions and improvements shall remain in the Premises shall include (inclusive) all such claimsfloor coverings, demandswindow coverings, or liens. Any such sums paid paneling, molding, doors, vaults, plumbing systems, cabinetry, electrical systems, lighting systems, silencing equipment, communication systems installed by Lessor, including attorneys’ fees all fixtures and bond premiumsoutlets for the systems mentioned above and for all telephone, radio, telegraph, and television purposes.
(f) Lessee's equipment, machinery, trade fixtures, goods and inventory shall remain the property of Lessee and shall be immediately due and payable removed by Lessee subject to Lessor by Lesseethe provisions of Section 7.2(c).
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED TWENTY THOUSAND DOLLARS ($100,00020,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section Paragraph 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee (i) agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the termterms, and to restore the Premises to their prior conditioncondition and/or (ii) provide the Lessor, at the Lessee’s sole cost and expenses, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, to insure the Lessor against any liability for mechanics’ and materialmen’s liens and to insure completion of work.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, Lessee at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
Sources: Lease Agreement (Inamed Corp)
ALTERATIONS AND ADDITIONS. Tenant shall not make or suffer to be made any alterations, additions or improvements (acollectively "alterations") The Lessee shall not, to or of the Premises or any part thereof without the Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed. The matters to which consent may be arbitrarily withheld include the case of alterations which in Landlord's good faith judgment might (a) affect the Building's utility systems (including sprinkler, make electrical, mechanical, telecommunications and plumbing), (b) increase Tenant's utility requirements, (c) cost more than twenty-five thousand dollars ($25,000) in any twelve month period (d) affect fire-retardant materials, or (e) result in legal requirements or insurance requirements not applicable to the Building at the time of its original construction mandating additional alterations to be accomplished in the Premises and/or the Building (as would be the case, for example, when the alteration that Tenant seeks to accomplish would result in a loss of so-called "grandfathering"). If (x) Tenant performs any alterations, improvementswhether Landlord consent be required therefor or not, additions and whether such consent be granted or utility installations innot, on and/or (y) Landlord performs alterations at Tenant's request, and as a result of such alterations legal requirements or about insurance requirements not applicable to the Building at the time of its original construction mandate additional alterations (the "Additional Alterations") to be accomplished in the Premises unless and/or the Building (as would be the case, for example, when the alteration requested by or performed by Tenant result in a loss of so called "grandfathering") then such Additional Alterations, whether ordinary or extraordinary, foreseen or unforeseen, substantial or not substantial, structural or not structural, shall be performed by Landlord at Tenant's sole cost and expense. In the event Landlord consents to the making of alterations to the telecommunications cabling and ancillary equipment between (a) the demarcation point with Tenant's customer provided telecommunications equipment and (b) the demarcation point with the applicable local telephone company, as both demarcation points are defined from time to time by the California Public Utilities Commission and by Landlord (said cabling and ancillary equipment hereinafter referred to as the "Intrabuilding Network Cabling"), said alterations shall be performed by Landlord or a contractor designated by Tenant subject to Landlord's approval, or Landlord's contractor in the case that the Intrabuilding Network Cabling is managed by such contractor, at Tenant's sole cost and expense. In the event Landlord consents to the making of alterations and/or as the case may be Additional ------------------------- Please Initial 11 Alterations are required, the alterations and Additional Alterations shall be performed by Landlord for Tenant's account pursuant to plans and specifications previously approved by Landlord and Tenant, and Tenant shall pay as additional rent Landlord's cost thereof (including a reasonable charge for Landlord's overhead and profit) prior to commencement of work, provided, however, if cost of work is nonunderestimated, Tenant shall reimburse Landlord a balancing amount within ten (10) days following billing. The charge to Tenant shall include plan preparation and all other costs incurred by Landlord prepatory to performing the work of alteration, and whether approved plans are achieved or not. Any alterations to or of said Premises, including, but not limited to, wall covering, paneling and built-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all in cabinet work, but excepting movable furniture and trade fixtures, shall on the Lessee will provide expiration of the Lessor term become a part of the realty and belong to the Landlord and shall be surrendered with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3However, the term “utility installations” Tenant shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition ascertain from Landlord at least thirty (30) days prior to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the termterm hereof, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in whether Landlord desires the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest thereinpart thereof, restored to its condition prior to the making of alterations, and if Landlord shall so desire, then Landlord, during the Lessor shall have final thirty (30) days of the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to LesseeLease term, or to any at Landlord option, after expiration of Lessee’s contractors or subcontractors in connection with Lease term may remove any alterations, additions, improvements, fixtures, equipment additions or other work performed improvements made by or on behalf of LesseeTenant, shall make any claim or demand against Lessordesignated by Landlord to be removed, and restore the Premises or the Projectdesignated portions thereof as the case may be, or to its original condition and Tenant shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender reimburse Landlord for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so all reasonable costs incurred within ten (10) business days after written demand following billing. All damage caused by Lessor the removal of trade fixtures, signs and other personal property that Tenant is permitted to cause remove under the effect terms of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, this Lease shall be immediately due repaired by Landlord, and payable to Lessor by LesseeTenant shall reimburse Landlord all costs incurred within ten (10) business days following billing. Notwithstanding the foregoing, Landlord's prior consent shall not be required for routine telecommunications wiring that can be accommodated through and does not overburden the existing raceway distribution system, that does not displace, disrupt or interfere with any other tenant's wiring, and that is performed wholly within the Premises.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall notmake no alterations, additions or improvements to the Premises or any part thereof without obtaining the prior written consent of Landlord (except as provided for in paragraph 6 of the Lease Addendum), which consent shall not be unreasonably withheld provided the alterations are not structural or mechanical in nature. Tenant shall submit any such request to Landlord at least thirty (30) days prior to the proposed commencement date of such work. Landlord may impose, as a condition to such consent, and at Tenant's sole cost, such reasonable requirements as Landlord may deem necessary in its judgment, including without limitation, the manner in which the work is done, a right of approval of the contractor by whom the work is to be performed and the times during which the work is to be accomplished, approval of all plans and specifications and the procurement of all licenses and permits. Landlord shall be entitled to post notices on and about the Premises with respect to Landlord's non-liability for mechanics' liens and Tenant shall not permit such notices to be defaced or removed. Tenant further agrees not to connect any apparatus, machinery or device to the Building systems, including electric wires, fiber optic systems, telecommunication systems, cable trays, duct work, water pipes, fire safety, heating and mechanical systems, without the Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises Premises, including, by way of illustration but not by limitation, all counters, screens, grilles, special cabinetry work, partitions, paneling, carpeting, drapes or other window coverings and light fixtures, shall be performed by deemed a part of the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, real estate and the Lessor property of Landlord and shall have the right to post notices of non-responsibility in or on remain upon and be surrendered with the Premises as provided a part thereof without molestation, disturbance or injury at the end of the Lease term, whether by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account lapse of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, time or otherwise, against Lessorunless Landlord, by notice given to Tenant no later than fifteen (15) days prior to the Premisesend of the term, the Project shall elect to have Tenant remove all or the lender for the Project and Lessee shall not cause the effect any of such claimalterations, stop notice improvements or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable lawadditions (excluding non-movable office walls and approved building standard improvements), and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, Tenant shall promptly remove, at its sole cost and expense, such alterations, improvements and additions and restore the Premises to the condition in addition which the Premises were prior to such other remedies it may havethe making of the same, Lessor shall have the right (but not the obligation) reasonable wear and tear and damage due to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, casualty or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or lienscondemnation excepted. Any such sums paid removal, whether required or permitted by Lessor, including attorneys’ fees and bond premiumsLandlord, shall be immediately at Tenant's sole cost and expense, and Tenant shall restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear and damage due to casualty or condemnation excepted. All movable partitions, machines and payable to Lessor equipment which are installed in the Premises by Lessee.or for
Appears in 1 contract
Sources: Lease (Requisite Technology Inc /Co)
ALTERATIONS AND ADDITIONS. Not to perform any renovation or construction to the Property, Leased Premises or Building (a) The Lessee shall not, without the Lessor’s prior written consent, which shall not be unreasonably withheldinclude any rearrangement of the interior space), make or the erection of any alterations, improvements, signs or other additions or utility installations in, structures on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Property or Building or Leased Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove or any such alterations, improvements, additions other alterations or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Property or Building or Leased Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed (including, without limitation, any alterations or additions to the posting plumbing, heating, cooling or electrical systems of a bond pursuant the Building or the installation of any signs or draperies in any windows of the Building or Leased Premises), except as herein expressly provided (subject to applicable lawthe Rules and Regulations attached hereto as Exhibit “C”); provided, however, Tenant may make minor alterations or leasehold improvements to the interior of the Leased Premises which in no way affect or modify any portion of the structure of the Building, and may install fixtures and equipment which do not damage the Building, if Landlord’s prior written approval is obtained in the event Lessee each such instance (not to be unreasonably withheld). All such construction, alterations or additions shall fail be performed at Tenant’s sole risk and expense and in accordance with plans and specifications submitted to do so and approved, in advance, by Landlord. Tenant shall deliver to Landlord within ten thirty (1030) days after written demand by Lessor completion of any such construction, alterations or additions an as-built plan and Certificate of Occupancy for same. Tenant shall pay to cause Landlord a fee equal to three percent (3%) of the effect cost of said claimthe construction, stop notice alterations or lien additions to be removedcompensate Landlord for the overhead and other costs it incurs in reviewing the plans and specifications for such construction, rescinded alterations or dismissedadditions and in monitoring conformance of the construction, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have alterations or additions with the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any approved plans and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseespecifications.
Appears in 1 contract
Sources: Lease (FleetMatics Group PLC)
ALTERATIONS AND ADDITIONS. Tenant shall have the right at any time during the Lease Term, at Tenant's sole Cost and Expense, while not in Default to make changes, alterations, additions or improvements (acollectively, "ALTERATIONS", or singularly, an "ALTERATION") The Lessee in or to the Leased Premises, subject to the following:
a. Tenant shall not, not construct any Alterations or otherwise alter the Leased Premises without the Lessor’s Landlord's prior written consentapproval, which approval shall not be unreasonably withheldwithheld or delayed, make any alterationsexcept that provided Tenant complies with each and every other term and condition applicable to Alterations, improvements, additions or utility installations in, on or about no approval by Landlord shall be required provided:
i. The cost of the Premises unless such work is non-structural and Alteration in question does not exceed ONE HUNDRED THOUSAND DOLLARS cost in excess of Fifty Thousand Dollars ($100,00050,000.00);
ii. The total cost of all Alterations for the Lease Year in which Tenant commences construction of the Alteration in question does not total more than One Hundred Thousand Dollars ($100,000.00); provided, however, that the cost of Alterations costing less than Fifty Thousand Dollars ($50,000.00) shall not apply to the total Alteration amount of One Hundred Thousand Dollars ($100,000.00) for the applicable Lease Year unless and until the total cost of all Alterations for such Lease Year costing less than Fifty Thousand Dollars ($50,000.00) each shall total at least One Hundred Thousand Dollars ($100,000.00), and then, all of such Alterations shall apply to the total Alteration amount for said Lease Year and the Tenant shall be required to obtain Landlord's consent for any and all subsequent Alterations during said Lease Year;
iii. Such Alteration does not affect the structural integrity of the Leased Premises or any base-building system; and
iv. Such Alteration does not adversely affect the future leaseability of the Leased Premises to a subsequent lessee. Except for any Alterations permitted under this Section 11(a) without Landlord's consent, Tenant shall not construct any Alteration until Landlord has approved in writing the plans and specifications therefor, and such Alteration shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord (who shall not unreasonably withhold, condition or delay its approval of any such contractor). All Alterations constructed by Tenant shall be constructed by a reputable licensed contractor in a good and workmanlike first class manner and using new materials of good quality, in accordance with all applicable laws and regulations.
b. Tenant shall not commence construction of any Alterations until:
i. All required governmental approvals and permits have been obtained;
ii. All requirements regarding insurance imposed by this Lease have been satisfied;
iii. Tenant has given Landlord at least ten (10) days' prior written notice of its intention to commence such construction,
iv. For all workany Alteration requiring Landlord's consent hereunder, the Lessee will provide the Lessor with as-built drawings reflecting any changes Tenant has obtained contingent liability and broad form builders' risk insurance in an amount equal to the Premises. As used cost of the Alteration if there are any perils relating to the proposed construction not covered by insurance required to be carried pursuant to Section 19.
v. For any Alteration requiring Landlord's consent hereunder, Tenant has deposited into an escrow account an amount equal to not less than one hundred fifty percent (150%) of the amount of the estimated hard and soft costs of the Alteration, securing Tenant's payment and performance of its obligations related to the applicable Alteration.
c. All Alterations shall remain the property of Tenant during the Lease Term but shall not be altered or removed from the Leased Premises except in further accordance with this Section 6.311; provided, the term “utility installations” shall include bus ductinghowever, power panels, fluorescent fixtures, space heaters, conduits that any Alteration which involves Tenant's Equipment may be altered and wiringremoved in accordance with Section 10. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at At the expiration or sooner termination of the termLease Term, all Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, Landlord expressly reserves the right to require Tenant to remove any Alterations prior to the expiration or sooner termination of the Lease Term by providing Tenant with written notice thereof within sixty (60) days prior to the expiration of the Lease Term or within thirty (30) days after the earlier termination of the Lease Term, as applicable.
d. For any Alteration reasonably determined by Landlord to adversely affect the future leaseability of the Leased Premises, Tenant shall post a letter of credit, in form and content and with a bank reasonably acceptable to Landlord (or other security reasonably satisfactory to Landlord) in an amount equal to one hundred fifty percent (150%) of the estimated cost (as determined by a licensed contractor's bid good for reasonable period of time) to remove such Alteration and restore the Leased Premises to their its state immediately prior condition.
(b) All alterations, improvements and additions to the Premises commencement of construction of said Alteration. In addition to the foregoing, Tenant shall be performed by the Lessor’s cause a licensed contractor reasonably acceptable to Landlord (if Landlord so desires to maintain acceptance of such contractor) to prepare a bid for the Project removal of said Alteration and restoration of the Leased Premises to its state immediately prior to the commencement of construction of said Alteration on each fifth anniversary of the completion of construction of said Alteration and shall increase the amount of the letter of credit or other licensed contractor approved by security, as applicable, to the Lessorextent necessary to provide Landlord with one hundred fifty percent (150%) security for such removal and restoration. Such letter of credit or security may be drawn upon only upon Tenant's failure to act in accordance with Landlord's request under Section 31. The foregoing notwithstanding, which approval Tenant shall not be unreasonably withheld. The Lessee required to comply with the requirements of this Section 11(d) if it obtains a minimum credit rating of at least BBB- (minimum investment grade rating).
e. Every six (6) months Tenant shall paynotify Landlord in writing of the nature and cost of any and all Alterations performed by Tenant hereunder, when dueand, all claims for labor or materials furnished to or for the Lesseeextent Landlord has not already been provided with plans, specifications, approvals, permits, the final cost and such other information as Landlord shall reasonably determine related to said Alteration, Tenant shall provide Landlord with such information concurrently therewith.
f. Tenant shall, at its sole Cost and Expense, make any Alteration of any sort to the Leased Premises when and if required by applicable current or for use future law, including, but not limited to, the Americans With Disabilities Act of 1990 and all applicable fire and safety codes. Tenant shall not be required to make such Alterations solely as a result of a change in the Premiseslaw as to such requirements, which claims but only at such times as are required by the applicable law or code. Tenant may be secured by take advantage of any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility phase in or on "grandfathering" provisions in such laws and codes. Any such Alterations shall be made by Tenant in accordance with and subject to the Premises as provided provisions of this Section 11.
g. In performing Alterations, Tenant shall not be deemed the agent of Landlord for any purpose without the express written acknowledgement of such agency by law. Lessee agrees to, Landlord.
h. The provisions and conditions of Sections 13 and 14 below shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or apply to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by LesseeTenant under this Section 11.
Appears in 1 contract
Sources: Lease (Speedfam Ipec Inc)
ALTERATIONS AND ADDITIONS. (aA) The Lessee shall not, without the Lessor’s 's prior written consent, make any alterations, improvements, additions, Utility Installations or repairs in, on or about the Premises, or the Office Building Project. As used in this paragraph 7.3, the term "Utility Installation" shall mean carpeting, 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 term, Lessor may elect ownership or require the removal of any or all of said alterations, improvements, additions or Utility Installations, and the restoration of the Premises and the Office Building Project to their prior condition, at Lessee's expense. 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, which approval shall not be unreasonably withheldunreasonable withheld or delayed, 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 and one-half times 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 inUtility Installations without the prior approval of Lessor, on or about the Premises unless use a contractor not expressly approved by Lessor, Lessor may, within twenty (20) days of discovery of any such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all workcondition, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any part or all of the same, provided such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and Utility Installations are deemed to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use hazardous in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices reasonable discretion of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (a) The Lessee Except with respect to any alterations, additions or improvements to the Premises or any part thereof costing less than $100,000, and which do not affect the Structural Components of the Building or any Building systems ("Non-structural Alterations"), Tenant shall notnot make, or permit to be made, any alterations, additions or improvements to the Premises or any part thereof (hereinafter referred to individually as an "Alteration" and collectively as the "Alterations") without the Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld, make 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 alterationsAlteration which affects the Structural Components, improvementsthe Systems or any portion thereof, additions or utility installations in, on or about the Premises unless such work is nonas reasonably determined by Landlord. Tenant shall be required to notify Landlord in writing before making any Non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS Alterations, and, within thirty ($100,000). For all work30) days after completion of such Non-structural Alterations, the Lessee will Tenant shall provide the Lessor Landlord with accurate as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving of such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior conditionNon-structural Alterations.
(b) Notwithstanding the provisions of Section 12(a), Tenant shall have the right, at its sole cost and expense, to remove or alter the Premises' tennis court, volleyball court, lap pool and/or Jacuzzi (the "Building Amenities") upon notice to Landlord but without obtaining the prior consent of Landlord, provided that at the end of the Term hereof, upon Landlord's request, Tenant, at its sole cost and expense, shall restore and/or replace any such removed or altered Building Amenity to its condition as of the date of this Lease.
(c) Notwithstanding the provisions of Section 12(a) above, Tenant shall have the right, at its sole cost and expense, to trench in any exterior area within the boundaries of the Land for the purposes of "hard wiring" voice and data transmissions ("Conduit") between (i) the street and the Building or, (ii) an adjacent parcel and the Building, subject in such event to the Landlord's right to require removal of such Conduit at the end of the Term and to Landlord's approval of any easements over such adjoining parcel required in connection with such Conduit, pursuant to reasonable specifications which have been approved in writing by Landlord and Tenant. Except as otherwise provided in this Section 12(c), at the end of the Term hereof, Tenant shall not be required to remove any properly installed underground Conduit.
(d) Subject to the provisions of Section 12(a) above, Tenant shall have the exclusive right, at its sole cost and expense, to install communications systems and equipment on or around the Building, Parking Area and Common Areas ("Communications Systems"). All alterationspermits, improvements application fees, and additions all costs associated with the Communications Systems shall be Tenant's responsibility. Tenant, at its sole cost and expense, shall have the exclusive right to install, maintain, and from time to time replace Communications Systems on the roof of the Building, provided that prior to commencing any installation or maintenance, Tenant shall (i) obtain Landlord's prior approval (which approval shall not be unreasonably withheld, conditioned or delayed) of the proposed size, weight and location of the Communications Systems and method for fastening the Communications Systems to the roof, (ii) such installation and/or replacement shall comply strictly with all Laws and the conditions of any bond or warranty maintained by Landlord on the roof, and (iii) obtain, at Tenant's sole cost and expense, any necessary federal, state, and municipal permits, licenses and approvals, and deliver copies thereof to Landlord. Landlord may supervise any roof penetration related to the installation of any Communications Systems, and Landlord may charge Landlord's reasonable out-of-pocket costs of any such supervision performed by a third-party consultant to Tenant. Tenant agrees that all installation, construction and maintenance shall be performed in a neat, responsible, and workmanlike manner, using generally acceptable construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant shall repair any damage to the Building caused by Tenant's installation, maintenance, replacement, use or removal of the Communications Systems. The Communications Systems shall be considered Tenant's Trade Fixtures (as defined below) and shall remain the property of Tenant, and Tenant may remove the Communications Systems at its cost at any time during the Term. Tenant shall remove the Communication Systems at Tenant's cost and expense upon the expiration or termination of this Lease. Landlord makes no warranty or representation that the Building or any portions thereof are suitable for the use of a Communications Systems, it being assumed that Tenant has satisfied itself thereof. Tenant shall protect, defend, indemnify and hold harmless Landlord and Landlord's Agents from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys' fees, incurred by or asserted against Landlord arising out of Tenant's installation, maintenance, replacement, use or removal of the Communications Systems.
(e) Any Alteration to the Premises shall be performed at Tenant's sole cost and expense (except to the extent that Tenant's initial improvements are covered by the Lessor’s contractor Tenant Allowance), in compliance with all Legal Requirements and the reasonable requirements of any insurer providing coverage for the Premises or the Project or other licensed 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 the LessorLandlord, which approval shall not be unreasonably withheld, conditioned or delayed. In connection with any Alteration, Tenant shall deliver plans and specifications therefor to Landlord. Before Alterations may begin, valid building permits or other permits or licenses required under applicable Laws 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 reasonable out-of-pocket costs of hiring any third-party engineer or architect to review 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 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, Landlord's Investment Advisors, any property manager designated by Landlord and Landlord's lenders as additional insureds. The Lessee minimum limit of coverage of the aforesaid policy shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use be in the Premises, which claims are amount of not less than Three Million Dollars ($3,000,000.00) for injury or may be secured by death of one person in any mechanics’ one accident or materialmen’s lien against occurrence and in the Premises amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any interest therein, and the Lessor shall have the right to post notices of non-responsibility in one accident or on the Premises as provided by law. Lessee agrees tooccurrence, and shall indemnify contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and save Lessor free Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00).
(f) Equipment, improvements and harmless from appurtenances other than Tenant's Trade Fixtures, furnishings and againsttrade equipment (as described below) attached to or built into the Premises prior to or during the Term shall be and remain part of the Premises and are intended as real estate fixtures and shall not be removed by Tenant, liabilityunless otherwise instructed by Landlord to remove the same in accordance with this Section 12. All wiring, losscircuit breakers, damagetransformers, costscabling, attorneys’ feesplumbing, heating and all other expenses on account of claims of contractorssprinkling systems, subcontractorsfixtures and outlets, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborervaults, person or firm supplying or providing laborpanelling, materials or molding, shelving, radiator enclosures, flooring, HVAC equipment or services and HVAC ducts shall be deemed to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, be real estate fixtures, whether or not attached to or built into the Premises; provided, however, that any HVAC equipment or other work performed installed by or on behalf Tenant to handle loads in excess of Lesseethat covered by the HVAC capacity of the Building as of the date of this Lease and electrical systems for backup emergency power may be removed by Tenant at any time prior to the expiration of the Term as long as Tenant repairs any damage to the Building which may result from such removal. Any trade fixtures, shall make any claim or demand against Lessor, furniture and trade equipment installed by the Tenant which may be removed from the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed without injury thereto (including, without limitation, demountable partitions, refrigerators and other kitchen appliances, computer racking and similar demountable fixtures) (collectively, "Trade Fixtures") shall remain the posting property of a bond pursuant to applicable lawthe Tenant and shall be removed by the Tenant, at the Tenant's sole cost and in expense, from the Premises upon the expiration or earlier termination of this Lease. In the event Lessee Tenant fails to remove said articles prior to or upon the expiration or earlier termination, they shall fail be deemed abandoned and may be disposed of by Landlord in any way it sees fit, all at Tenant's sole cost and expense (including any costs to do so within ten (10) days after written demand repair any damage caused by Lessor such disposal). Except as otherwise provided herein, all alterations and improvements to cause the effect Premises put in at the expense of Tenant shall become the property of Landlord and shall remain upon and shall be surrendered with the Premises as part thereof at the termination of this Lease, or at Landlord's option, provided Landlord shall have advised Tenant in writing at the time of its consent to said claimalterations and improvements that the same must be removed and restored to its original condition; provided, stop notice or lien that if Landlord's consent is not required with respect to be removedany such Alterations, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor Landlord shall have the option to cause Tenant to remove any such Alterations unless Tenant obtained Landlord's consent prior to constructing or installing such Alterations and Landlord did not advise that the same must be removed and restored to its original condition. The Landlord acknowledges Tenant's right to finance and to secure under the Uniform Commercial Code, Tenant's inventory, furnishings, furniture, equipment, machinery, leasehold improvements and other personal property located at the Property, other than the fixtures, equipment and other improvements required to be titled in the name of Landlord, and Landlord agrees, at Tenant's cost and expenses, to execute Landlord's waiver forms and other similar documentation (but not in form and substance reasonably satisfactory to Landlord) in favor or any purchase money seller, Landlord or lender who has financed or may finance in the obligationfuture such items.
(g) 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 whatever means any high-power usage equipment in its discretion it the Premises, Tenant shall obtain the written permission of Landlord. Landlord may deem appropriate refuse to cause said claim, stop noticegrant such permission unless either (1) Tenant agrees to pay the costs to Landlord for installation of supplementary air conditioning capacity or electrical systems necessitated by such equipment, or lien (2) such additional air conditioning capacity or electrical systems are included in Tenant's plans.
(h) Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant has provided Landlord with written notice of the date Tenant desires to commence construction or installation of such Alterations at least fifteen (15) days in advance of such commencement date, 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 rescindedposted and to remain posted until the completion of work.
(i) Tenant shall not, dischargedat any time prior to or during the Term, compromiseddirectly or indirectly employ, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in fullpermit the employment of, any and all contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if it is reasonably foreseeable that such claimsemployment will materially interfere or cause any material conflict with other contractors, demandsmechanics, or lienslaborers engaged in the construction, maintenance or operation of the Project by Landlord, Tenant or others. Any In the event of any such sums paid by Lessorinterference or conflict, including attorneys’ fees and bond premiumsTenant, upon demand of Landlord, shall be immediately due and payable cause all contractors, mechanics or laborers causing such interference or conflict to Lessor by Lesseeleave the Project immediately.
Appears in 1 contract
Sources: Lease Agreement (Broadcom Corp)
ALTERATIONS AND ADDITIONS. (a) The Lessee shall notnot make, or suffer to be made, any non-structural alteration or addition to the Premises that has an aggregate cost in excess of twenty-five thousand dollars ($25,000) or any structural alteration or addition to the Premises regardless of cost, without the Lessor’s prior written consentconsent of Lessor, which consent shall not be unreasonably withheld, make any alterations, improvements, additions conditioned or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000)delayed. For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of make interior, non-responsibility in or on structural alterations and improvements to the Premises without Lessor's prior written consent thereto for any alterations and improvements that cost less than twenty-five thousand dollars ($25,000). Any addition or alteration to the Premises, except movable furniture, equipment and trade fixtures, shall become at once a part of the realty and belong to Lessor at the end of the Lease Term or earlier termination of this Lease. Alternations and additions which are not deemed as provided by lawtrade fixtures shall include HVAC, lighting systems, electrical systems, hardwall partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers that it will not proceed to make such alternations or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten additions until five (105) days after written demand by the receipt of all required applicable government permits and Lessor's consent, so that Lessor may post appropriate notices to cause the effect of said claim, stop notice avoid any liability to contractors or lien material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be removedposted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, rescinded all tenant improvements, all related equipment, and any additions or dismissed, alterations installed by Lessee after Commencement Date shall be removed from the Premises unless Lessor informs Lessee in writing at the time the alterations and/or improvements that such failure shall constitute a default hereunderimprovements may remain on the Premises. In such event, in addition to such other remedies it may haveNotwithstanding the above, Lessor shall have hereby agrees to allow any reasonable alterations and improvements to the right (but not Premises and will notify Lessee at the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, time of approval if such improvements or lien alterations are to be rescinded, discharged, compromised, dismissed removed at the end of the Lease Term or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeearlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Aura Systems Inc)
ALTERATIONS AND ADDITIONS. (a) The No alterations or additions shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold. Notwithstanding the preceding sentence, Lessee shall not, be entitled to make alterations and additions to the Premises without the first obtaining Lessor’s prior written consentconsent thereto if and only if they (i) do not affect the structural elements of the Premises or the roof membrane of the Premises, which (ii) cost in the aggregate over any 12 month period of time no more than Fifteen Thousand Dollars ($15,000), and (iii) do not affect the electrical, gas, plumbing, HVAC, or other systems of the Premises. In no event shall any alteration or addition be of such a nature as to reduce or otherwise adversely affect the value of the improvements within the Premises immediately before making such alterations or additions, or to diminish the general utility of the Premises for the permitted uses hereunder. Lessor shall have absolutely no obligation to consider or consent to any request by Lessee to make any alteration or addition that affects the structural elements of the Premises or the roof membrane of the Premises. Lessee acknowledges that Lessor desires the interior of the Premises to remain free of interior hard wall partitions, and Lessor shall not be unreasonably withhelddeemed unreasonable for withholding consent to any hard wall partitions proposed by Lessee, make whether to create interior offices, or for a demising wall between Lessee and any alterationsentity to whom it may sublease space, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiringotherwise. As a condition of giving its consent to giving such consentany proposed alterations or additions, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions alterations or utility installations improvements at the expiration or sooner termination of the term, term and to restore the Premises to their prior condition.
. As a further condition to giving such consent, Lessor may require Lessee to provide Lessor, at Lessee’s sole cost and expense, with a lien and completion bond in an amount equal to one and one-half (b1-1/2) times 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. As to any alterations or additions made by Lessee without Lessor’s consent (which Lessee has no right to make except as specifically provided above), Lessee shall, unless otherwise requested in writing by Lessor prior to expiration or sooner termination of the lease term, remove the same from the Premises and restore the Premises, including any building systems affected thereby, to its condition existing immediately prior to such alteration or addition being made (subject to reasonable wear and tear). All changes, alterations, improvements and or additions to be made to the Premises shall be performed by under the Lessor’s contractor for the Project supervision of a competent architect or other competent licensed contractor structural engineer and made in accordance with plans and specifications which have been furnished to and approved by Lessor prior to commencement of work. If the Lessor, which approval shall not be unreasonably withheld. The written consent of Lessor to any proposed alterations by Lessee shall payhave been obtained, when due, all claims for labor or materials furnished Lessee agrees to or for advise Lessor in writing of the Lessee, at or for use date upon which such alterations will commence in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the order to permit Lessor shall have the right to post notices a notice of non-responsibility responsibility. All such alterations, changes and additions shall be constructed in good and workmanlike manner in accordance with all ordinances and laws relating thereto. Lessee shall deliver to Lessor “as built” plans of any improvements or alterations to the Premises made by Lessee during the term of this Lease. Any such changes, alterations or additions to or on the Premises as provided by law. Lessee agrees to, shall remain for the benefit of and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account become the property of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, unless Lessor requires their removal by giving Lessee written notice at least thirty (30) days before the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, date Lessee is to vacate the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
Sources: Industrial Lease (NeoStem, Inc.)
ALTERATIONS AND ADDITIONS. (a) The Lessee TENANT shall not, without the Lessor’s LANDLORD'S prior written consent, consent which consent shall not be unreasonably withheld, make any alterations, improvements, additions additions, or utility installations Utility Installations (as hereinafter defined) in, on or about the Premises, except as required by applicable laws, rules or regulations nor make nonstructural alterations that exceed Fifty Thousand Dollars ($50,000.00) in cost. As used in this Paragraph 10.2 the term "Utility Installation" shall mean all air lines, power panels, electrical distribution, security, fire protection systems, communications systems, lighting fixtures, heating, ventilating and air conditioning equipment, plumbing, and fencing in, on or about the Premises unless except such work as may be considered movable and trade fixtures of TENANT. If LANDLORD'S written consent is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes required pursuant to the Premisesfirst sentence of this Paragraph 10.2(a), 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 hundred fifty percent (150%) of the estimated cost of such improvements, to insure LANDLORD against any liability for mechanics' and materialmens' liens and to insure completion of the work. As used in this Section 6.3If TENANT shall make any alterations, improvements, additions or Utility Installations without the term “utility installations” shall include bus ductingprior written consent of LANDLORD, power panelsand if such approval is required hereunder, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor LANDLORD may require that the Lessee agree to TENANT remove any or all of such alterations, improvements, additions or utility installations Utility Installations at the expiration or sooner termination of the term, TENANT'S sole cost and expense. Failure to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with remove any alterations, additions, improvements, fixtures, equipment additions or other work performed by Utility Installations that have been begun or on behalf completed without the prior written consent of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, LANDLORD shall be immediately due and payable to Lessor by Lesseea material breach of this Lease.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (a) The Lessee shall notnot make, without the Lessor’s prior written consentor suffer to be made, which shall not be unreasonably withheld, make any alterations, improvements, or additions or utility installations in, on on, or about about, or to the Premises unless such work is non-structural or any part thereof, without prior written consent of Lessor and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000)without a valid building permit issued by the appropriate governmental authority. For all workLessor retains, at his sole option, the Lessee will provide the Lessor with as-built drawings reflecting right to retain a General Contractor of his own choosing to perform all repairs, alterations, improvements, or additions in, on, about, or to said Premises or any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiringpart thereof. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, or additions or utility installations at the expiration or sooner termination of the termthis Lease, and to restore the Premises to their prior condition.
(b) All alterations. Any alteration, improvements and additions addition, or improvement to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may with the exception of Lessee's trade fixtures, shall become the property of Lessor upon installation, and shall remain upon and be secured by any mechanics’ or materialmen’s lien against surrendered with the Premises at the termination of this Lease. Lessor can elect, however, within thirty (30) days before expiration of the term or within five (5) days after termination of the term, to require Lessee to remove any alterations, additions, or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall restore the Premises to the condition designated by Lessor in its election, before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. Alterations and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, partitioning, electrical signs, carpeting, or any interest thereinother installation which has become an integral part of the Premises. In the event that Lessor consents to Lessee's making any alterations, and improvements, or additions, Lessee shall be responsible for the Lessor timely posting of notices of non-responsibility on Lessor's behalf, which shall have remain posted until completion of the right alterations, additions, or improvements. Lessee's failure to post notices of non-responsibility in or on as required hereunder shall be a breach of this Lease. Notwithstanding anything to the Premises as provided by law. Lessee agrees tocontrary herein, and shall indemnify and save Lessor free and harmless from and againstif, liabilityduring the term hereof, lossany alteration, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lesseeaddition, or to change of any sort through all or any portion of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or of the Projectbuilding 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 is not "triggered" by Lessee's alterations or Lessee's application for a building permit or any other governmental approval (in which instance Lessee shall file any claimbe responsible for 100% of the cost of such improvement), stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender Lessor shall be responsible for the Project constructing such improvement and Lessee shall not cause be responsible for its proportional share of the effect cost for said improvement, amortized over the useful life of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, improvement that coincides with the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, remaining Lease term including any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeextensions.
Appears in 1 contract
Sources: Lease (Zamba Corp)
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without 14.1 Prohibitions in General. Without first obtaining the Lessor’s prior ----------------------- written consentconsent of Landlord, which consent shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval Tenant shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in demolish any portion of the Premises, which claims are or may be secured by any mechanics’ (i) make non- structural alterations, additions changes, repairs, enlargements or materialmen’s lien against improvements to the Premises or any interest thereinpart thereof costing more than Fifty Thousand Dollars ($50,000) or (ii) make any structural alterations to the Premises regardless of cost or (iii) make any additions or alterations to the heating, ventilating and air conditioning (HVAC) , plumbing or electrical systems, regardless of the cost. Landlord may impose, as a condition to Landlord's consent, such requirements as Landlord may reasonably deem necessary, including without limitation: approval of plans for the work; the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; that the contractor be licensed; and the requirement that Tenant reimburse Landlord for Landlord's actual costs incurred in reviewing any proposed alteration, addition, change, enlargement or improvement, whether or not Landlord's consent is granted, and a requirement that Tenant remove the Lessor alteration on or prior to Lease Termination. Tenant shall have the right not make or permit to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with be made any alterations, additions, improvementschanges, fixtures, equipment enlargements or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, improvements to the Premises or without acquiring and complying with the Projectconditions of all permits required for such work by any governmental authority having jurisdiction thereof, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project at Tenant's sole cost and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeexpense.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without Paragraph 7 of the Lessor’s prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about Original Lease is hereby amended by adding the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, following at the Lessee will provide the Lessor with as-built drawings reflecting any changes end thereof: “Notwithstanding anything to the Premises. As used in this Section 6.3contrary contained herein, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor Tenant shall have the right to post perform, with prior written notice to but without Landlord’s consent, any alteration, addition, or improvement that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (2) is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) costs less than $20,000.00 in the aggregate during any twelve (12) month period of the Term of the Lease, and (5) does not require work to be performed inside the walls or above the ceiling of the Premises. However, even though consent is not required, the performance of Cosmetic Alterations shall be subject to all of the other provisions of this Paragraph 7 (other than the payment of any oversight or administration fee).” In addition, the eleventh (11th) and twelfth (12th) sentences of Paragraph 7 of the Original Lease are each hereby deleted in their entirety and replaced with the following: “As a condition of Landlord’s Consent to Alterations to the Premises, after Landlord provides written Consent to Alterations and prior to any work commencing on the Alterations, Landlord may, at is sole and absolute discretion, require Tenant to provide all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility responsibility, waivers of lien, and, if the cost of such Alterations is in or on excess of $20,000.00, surety company performance bonds and funded construction escrows and to protect Landlord and the Premises as provided by law. Lessee agrees toBuilding and appurtenant land against any loss from any mechanic’s, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lesseematerialmen’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.”
Appears in 1 contract
ALTERATIONS AND ADDITIONS. Subject to Lessor's approval of certain alterations, as described hereinafter, Lessee shall have the right Big 5, Fontana, CA 2-12-96 (8) at any time to make (a) The Lessee shall notsuch additions, without the Lessor’s prior written consent, which shall not be unreasonably withheld, make any alterations, changes or improvements, additions or utility installations in, on or about to the Demised Premises unless as Lessee may deem necessary or proper, provided, however, that (i) any and all such work is non-shall fully comply with all codes and regulations and with other recorded requirements relating to the Demised Premises (such as CC&R's), (ii) except to the extent required of Lessee by any governmental authority, no work done by Lessee shall lessen the market value of the Demised Premises, and (iii) except to the extent required of Lessee by any governmental authority, no work done by Lessee shall diminish Lessor's ability to use and/or release the Demised Premises on the termination or expiration of this Lease. Lessee shall pay promptly for all such work done by it or upon its order. Lessee covenants and agrees to give Lessor written notice of any alteration which affects the roof, foundation or any other structural elements or components or the building systems, together with a copy of Lessee's plans and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000)specifications prior to the commencement of work. For all Lessee shall also deliver to Lessor, upon completion of any such work, the Lessee will provide the Lessor with copies of any "as-built drawings reflecting built" plans obtained by Lessee in connection with such additions or alterations. Without limiting any changes of Lessee's other obligations with respect to alterations hereunder, in the event Lessee proposes alterations to the Premises. As used in this Section 6.3structure of the improvements, the term “utility installations” or to any permanent building systems (such as plumbing and/or HVAC) Lessee shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any obtain Lessor's prior written approval of such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The withheld and will be deemed granted if not disapproved, with explanation, within two (2) weeks after submittal by Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeof plans for such alterations.
Appears in 1 contract
Sources: Lease (Big 5 Sporting Goods Corp)
ALTERATIONS AND ADDITIONS. (a) The No alterations or additions ------------- ------------------------- shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold. Notwithstanding the preceding sentence, Lessee shall notbe entitled to make alterations and additions to the Premises without first obtaining Lessor's consent thereto if and only if they (i) do not affect the structural elements of the Premises or the roof membrane of the Premises, without (ii) cost in the Lessor’s prior written consentaggregate over any 12 month period of time no more than Twenty-Five Thousand Dollars ($25,000.00), which and (iii) do not affect the electrical, gas, plumbing, HVAC or other systems of the Premises. In no event shall any alteration or addition be of such a nature as to reduce or otherwise adversely affect the value of the improvements within the Premises immediately before making such alterations or additions, or to diminish the general utility of the Premises for the permitted uses hereunder. Lessor shall have absolutely no obligation to consider or consent to any request by Lessee to make any alteration or addition that affects the structural elements of the Premises or the roof membrane of the Premises. Lessee acknowledges that Lessor desires the interior of the Premises to remain free of interior hard wall partitions, and Lessor shall not be unreasonably withhelddeemed unreasonable for withholding consent to any hard wall partitions proposed by Lessee, make whether to create interior offices, or for a demising wall between Lessee and any alterationsentity to whom it may sublease space, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiringotherwise. As a condition of giving its consent to giving such consentany proposed alterations or additions, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions alterations or utility installations improvements at the expiration or sooner termination of the term, term and to restore the Premises to their prior condition.
. As a further condition to giving such consent, Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, with a lien and completion bond in an amount equal to one and one- half (b1-1/2) times 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. As to any alterations or additions made by Lessee without Lessor's consent (which Lessee has no right to make except as specifically provided above), Lessee shall, unless otherwise requested in writing by Lessor prior to expiration or sooner termination of the lease term, remove the same from the Premises and restore the Premises, including any building systems affected thereby, to its condition existing immediately prior to such alteration or addition being made (subject to reasonable wear and tear). All changes, alterations, improvements and or additions to be made to the Premises shall be performed by under the Lessor’s contractor for the Project supervision of a competent architect or other competent licensed contractor structural engineer and made in accordance with plans and specifications which have been furnished to and approved by Lessor prior to commencement of work. If the Lessor, which approval shall not be unreasonably withheld. The written consent of Lessor to any proposed alterations by Lessee shall payhave been obtained, when dueLessee agrees to advise Lessor in writing of the date upon which such alterations will commence in order to permit Lessor to post a notice of nonresponsibility. All such alterations, changes and additions shall be constructed in good and workmanlike manner in accordance with all claims for labor ordinances and laws relating thereto. Lessee shall deliver to Lessor "as built" plans of any improvements or materials furnished alterations to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises made by Lessee during the term of this Lease. Any such changes, alterations or any interest therein, and the Lessor shall have the right additions to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, shall remain for the benefit of and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account become the property of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, unless Lessor requires their removal by giving Lessee written notice at least thirty (30) days before the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, date Lessee is to vacate the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
Sources: Industrial Lease (Valicert Inc)
ALTERATIONS AND ADDITIONS. (aA) The Lessee shall not, without the Lessor’s Lessors prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED TEN THOUSAND DOLLARS ($100,00010,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section Paragraph 6.3, the term “"utility installations” " shall include bus ductingdueling, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee (i) agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior conditioncondition and/or (ii) provide the Lessor, at the Lessee's sole cost and expenses, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, to insure the Lessor against any liability for mechanics' and materialmen's liens and to insure completion of work.
(bB) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s 's contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all all, claims for labor or materials furnished to or for the Lessee, Lessee at or for use in the Premises, which claims are or may be secured by any mechanics’ ' or materialmen’s 's lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (a) The Except as provided in this Lease, Lessee shall not, without the Lessor’s 's prior written consent, which shall not be unreasonably withheldmake any alterations, improvements (except Required Improvements), or additions in, on or about the Premises, during the term of this Lease. 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 estimated cost of any alterations of improvements (Required Improvements included), or additions, to insure Lessor against any liability for stop notices and/or mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, or additions or utility installations inwithout the prior written approval of Lessor, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all workexcept as provided herein, the Lessee will provide the Lessor with as-built drawings reflecting may, at any changes to the Premises. As used in this Section 6.3, time during the term “utility installations” shall include bus ductingof this Lease, power panelsrequire that Lessee remove any or all of the same, fluorescent fixturesand return the property to its prior condition. If Lessee fails to remove such materials after appropriate written notice, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that remove them. The cost of such removal shall be the responsibility of Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination and shall be payable immediately upon receipt of the term, and to restore the Premises to their prior conditionan invoice from Lessor.
(b) All Any alterations, improvements improvements, or additions in or about the Premises, that Lessee shall desire to make and additions which require the consent of the Lessor shall be presented to Lessor in written form, with proposed detailed plans. If Lessor consents, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the Premises shall be performed commencement of the work, and the compliance by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee with all conditions of said permit in a prompt and expeditious manner.
(c) Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for the Lessee, Lessee at or for use in on the Premises, which claims are or may be secured by any mechanics’ stop notice or mechanic's or materialmen’s 's lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and School Site, or any interest therein. Lessee shall give Lessor not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.less than ten
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall not, without the LessorLandlord’s prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations additions, in, on or about the Premises unless such work is Premises, except for non-structural and does alterations not exceed ONE HUNDRED THOUSAND DOLLARS (exceeding $100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used 1,000 in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiringcost. As a condition to giving such consent, the Lessor Landlord may require that the Lessee agree to Tenant remove any such alterations, improvements, additions or utility installations installments at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.. Before any labor is performed in the construction, alteration or repair of any improvements in the Premises, and before any material for such work is delivered to the Premises, Tenant shall secure a written lien waiver from the contractor, or material man, before the work is commenced, or material is delivered, if the work to be performed, and the material to be delivered, exceeds $2,000. Landlord hereby consents to the anticipated alterations and improvements set forth on Exhibit A, and to any additions or modifications to Exhibit A as may be reasonably necessary to improve the Premises to manufacturing standards. INDUSTRIAL LEASE - 3 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____
(b) All Before commencing any work relating to alterations, additions and improvements affecting the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and additions from time to time to post and maintain on the Premises shall be performed by such notices as Landlord reasonably deems necessary to protect the LessorPremises and Landlord from mechanics’ liens, materialmen’s contractor for the Project or liens and any other licensed contractor approved by the Lessorliens. In any event, which approval shall not be unreasonably withheld. The Lessee Tenant shall pay, when due, all claims for labor or materials furnished to or for the Lessee, Tenant at or for use in the Premises, which claims are or may be secured by . Tenant shall not permit any mechanics’ or materialmen’s lien liens to be levied against the Premises 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 interest therein, and the Lessor shall character performed or claimed to have the right to post notices of non-responsibility in or been performed on the Premises as provided by lawor at the direction of Tenant. Lessee agrees toLandlord may post, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and Tenant at all other expenses times will maintain in a conspicuous place on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claima notice, stop notice or lien to be removedin writing, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten form required by ORS 87.030, that Landlord, as owner of the Premises, will not be liable for any claims for material furnished or used or labor performed in the construction, alteration or repair of any improvement on the Premises.
(10c) days after written demand by Lessor to cause Unless Landlord requires their removal, as set forth in Article 6.4(a), all alterations, improvements or additions which may be made on the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiumsPremises, shall become the property of Landlord and remain upon and be immediately due surrendered with the Premises at the expiration of the term. Notwithstanding the provision of this Article 6.4(c), Tenant’s machinery, equipment and payable other trade fixtures other than that which is affixed to Lessor the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by LesseeTenant subject to the provisions of Article 6.2.
Appears in 1 contract
Sources: Industrial Lease (Arcimoto Inc)
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall not, without the Lessor’s Landlord's prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions additions, or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the which term “"utility installations” " shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring) in, or about the Premises, except for nonstructural alterations to the Premises costing less than One Thousand Dollars ($1,000) in the aggregate over any one (1) year period. As a condition to giving such consent, the Lessor Landlord may require that the Lessee Tenant agree to remove any (i) [illegible] additions or utility installations at the expiration of the Term and restore the Premises to their prior condition or, in the alternative, (ii) require that such alterations, improvements, additions or utility installations at shall become the property of Landlord and shall be left by Tenant upon the expiration or sooner termination of the termTerm. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, lien and completion bonds in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements to insure Landlord against any liability for mechanics' and material-men's liens and to restore insure completion of the Premises to their prior conditionwork.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for the Lessee, Tenant at or for use on or in connection with the Premises, which claims are or may be secured by any mechanics’ ' or materialmen’s 's lien against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days notice prior to the commencement of any work on the Premises, and the Lessor Landlord shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to.
(c) Unless Landlord requires their removal as set forth in subparagraph (a) above or otherwise consents to such removal, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment additions and utility installations which may be made on or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, to the Premises or shall become the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term. Notwithstanding the provisions of this subparagraph (c). Tenants machinery and equipment other than that which is affixed to the Promises so that it cannot be removed without material damage to the Premises, shall remain the Project or property of Tenant and may be removed by Tenant subject to the lender for the Project and Lessee shall not cause the effect provisions of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10paragraph 8(c) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeabove.
Appears in 1 contract
Sources: Lease (Iasis Healthcare Corp)
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s 's prior written consent, which shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural limited to patching, painting, redecorating and carpeting or is nonstructural in nature and its cost does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000)one-half of the monthly rent then payable. For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section Paragraph 6.3, the term “"utility installations” " shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee (i) agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior conditioncondition and (ii) in the event there has been a monetary default by the Lessee hereunder in the prior thirty-six (36) months, provide the Lessor, at the Lessee's sole cost and expenses, a lien and completion bond in an amount equal to one and one-half (11/2) times the estimated cost of such improvements, to insure the Lessor against any liability for mechanics' and materialmen's liens and to insure completion of work.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s 's contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, Lessee at or for use in the Premises, which claims are or may be secured by any mechanics’ ' or materialmen’s 's lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
Sources: Assignment and Subordination of Master Lease (Venoco, Inc.)
ALTERATIONS AND ADDITIONS. (a) The Lessee Tenant shall notmake no alterations, additions or improvements to the Premises or any part thereof without obtaining the prior written consent of Landlord (except as provided for in paragraph 8 of the Lease Addendum), which consent shall not be unreasonably withheld provided the alterations are not structural or mechanical in nature. Tenant shall submit any such request to Landlord at least thirty (30) days prior to the proposed commencement date of such work. Landlord may impose, as a condition to such consent, and at Tenant's sole cost, such reasonable requirements as Landlord may deem necessary in its judgment, including without limitation, the manner in which the work is done, a right of approval of the contractor by whom the work is to be performed and the times during which the work is to be accomplished, approval of all plans and specifications and the procurement of all licenses and permits. Landlord shall be entitled to post notices on and about the Premises with respect to Landlord's non-liability for mechanics' liens and Tenant shall not permit such notices to be defaced or removed. Tenant further agrees not to connect any apparatus, machinery or device to the Building systems, including electric wires, fiber optic systems, telecommunication systems, cable trays, duct work, water pipes, fire safety, heating and mechanical systems, without the Lessor’s prior written consentconsent of Landlord, which consent shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises, including, by way of illustration but not by limitation, all counters, screens, grilles, special cabinetry work, partitions, paneling, carpeting, drapes or other window coverings and light fixtures, shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance or injury at the end of the Lease term, whether by lapse of time or otherwise, unless Landlord, by notice given to Tenant no later than fifteen (15) days prior to the end of the term, shall elect to have Tenant remove all or any of such alterations, improvements or additions (excluding non-movable office walls), and in such event, Tenant shall promptly remove, at its sole cost and expense, such alterations, improvements and additions and restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear and damage due to casualty or condemnation excepted. Any such removal, whether required or permitted by Landlord, shall be at Tenant's sole cost and expense, and Tenant shall restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear and damage due to casualty or condemnation excepted. All movable partitions, machines and equipment which are installed in the Premises by or for Tenant, without expense to Landlord, and can be removed without structural damage to or defacement of the Building or the Premises, and all furniture, furnishings and other articles of personal property owned by Tenant and located in the Premises (all of which are herein called "Tenant's Property") shall be and remain the property of Tenant and may be removed by it at any time during the term of this Lease. However, if any of Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Building or the Premises resulting from such removal. All additions or improvements which are to be surrendered with the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in surrendered with the Premises, which claims are as a part thereof, at the end of the term or may be secured the earlier termination of this Lease.
(c) If Landlord permits persons requested by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right Tenant to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with perform any alterations, additionsrepairs, improvements, fixtures, equipment modifications or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, additions to the Premises, then prior to the Project commencement of any such work, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the state where the Premises are located evidencing that worker's compensation, public liability insurance and property damage insurance, all in amounts, with companies and on forms satisfactory to Landlord, are in force and maintained by all such contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured and shall provide that the same may not be canceled or modified without thirty (30) days prior written notice to Landlord.
(d) Tenant, at its sole cost and expense, shall cause any permitted alterations, decorations, installations, additions or improvements in or about the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien Premises to be removed, rescinded or dismissed including, without limitation, the posting performed in compliance with all applicable requirements of a bond pursuant to applicable lawinsurance bodies having jurisdiction, and in the event Lessee shall fail such manner as not to do so within ten (10) days after written demand by Lessor to cause the effect of said claiminterfere with, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop noticedelay, or lien impose any additional expense upon Landlord in the construction, maintenance or operation of the Building, and so as to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, maintain harmonious labor relations in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseethe Building.
Appears in 1 contract
Sources: Lease (Requisite Technology Inc /Co)
ALTERATIONS AND ADDITIONS. (a) The No alterations or additions ------------- ------------------------- shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold. Notwithstanding the preceding sentence, Lessee shall notbe entitled to make alterations and additions to the Premises without first obtaining Lessor's consent thereto if and only if they (i) do not affect the structural elements of the Premises or the roof membrane of the Premises, without (ii) cost in the Lessor’s prior written consentaggregate over any 12 month period of time no more than Twenty-Five Thousand Dollars ($25,000.00), which and (iii) do not affect the electrical, gas, plumbing, HVAC or other systems of the Premises. In no event shall any alteration or addition be of such a nature as to reduce or otherwise adversely affect the value of the improvements within the Premises immediately before making such alterations or additions, or to diminish the general utility of the Premises for the permitted uses hereunder. Lessor shall have absolutely no obligation to consider or consent to any request by Lessee to make any alteration or addition that affects the structural elements of the Premises or the roof membrane of the Premises. Lessee acknowledges that Lessor desires the interior of the Premises to remain free of interior hard wall partitions, and Lessor shall not be unreasonably withhelddeemed unreasonable for withholding consent to any hard wall partitions proposed by Lessee, make whether to create interior offices, or for a demising wall between Lessee and any alterationsentity to whom it may sublease space, improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiringotherwise. As a condition of giving its consent to giving such consentany proposed alterations or additions, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions alterations or utility installations improvements at the expiration or sooner termination of the term, term and to restore the Premises to their prior condition.
. As a further condition to giving such consent, Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, with a lien and completion bond in an amount equal to one and one-half (b1-1/2) times 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. As to any alterations or additions made by Lessee without Lessor's consent (which Lessee has no right to make except as specifically provided above), Lessee shall, unless otherwise requested in writing by Lessor prior to expiration or sooner termination of the lease term, remove the same from the Premises and restore the Premises, including any building systems affected thereby, to its condition existing immediately prior to such alteration or addition being made (subject to reasonable wear and tear). All changes, alterations, improvements and or additions to be made to the Premises shall be performed by under the Lessor’s contractor for the Project supervision of a competent architect or other competent licensed contractor structural engineer and made in accordance with plans and specifications which have been furnished to and approved by Lessor prior to commencement of work. If the Lessor, which approval shall not be unreasonably withheld. The written consent of Lessor to any proposed alterations by Lessee shall payhave been obtained, when dueLessee agrees to advise Lessor in writing of the date upon which such alterations will commence in order to permit Lessor to post a notice of nonresponsibility. All such alterations, changes and additions shall be constructed in good and workmanlike manner in accordance with all claims for labor ordinances and laws relating thereto. Lessee shall deliver to Lessor "as built" plans of any improvements or materials furnished alterations to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises made by Lessee during the term of this Lease. Any such changes, alterations or any interest therein, and the Lessor shall have the right additions to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, shall remain for the benefit of and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account become the property of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, unless Lessor requires their removal by giving Lessee written notice at least thirty (30) days before the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, date Lessee is to vacate the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.
Appears in 1 contract
Sources: Industrial Lease (Valicert Inc)
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s prior written consent, which shall not be unreasonably withheld, make any Any alterations, improvements, additions or utility installations Utility Installations in, on or about the Premises unless such work is non-structural that Lessee shall desire to make and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000)which requires the consent of the lessor shall be presented to lessor in written form, with proposed detailed plans. For all work, the Lessee will provide the If Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such give its consent, the Lessor may require that consent shall be deemed conditioned upon lessee acquiring a permit to do so from appropriate governmental agencies, the Lessee agree furnishing of a copy thereof to remove any such alterations, improvements, additions or utility installations at lessor prior to the expiration or sooner termination commencement of the term, work and to restore the Premises to their prior conditioncompliance by lessee of all conditions of said permit in a prompt and expeditious manner.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for the Lessee, Lessee at or for use in the Premises, which claims are or may be secured by any mechanics’ ' or materialmen’s 's lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten 910) days' notice prior to the commencement of any work in the Premises, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. If Lessee agrees toshall, 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 indemnify pay and save satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor free and harmless from and againstor the Premises, liabilityupon the condition that if Lessor shall require, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services lessee shall furnish to Lessee, or lessor a surety bond satisfactory to any of Lessee’s contractors or subcontractors lessor in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any an amount equal to such contested lien claim or demand indemnifying Lessor against Lessor, liability for the same and holding the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause free from the effect of such lien or claim. In addition, stop notice or lien lessor may require Lessee to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant pay lessor's attorneys fees and costs in participating in such action if lessor shall decide it is to applicable law, and in the event Lessee shall fail its best interest to do so within ten so.
(10c) days after written demand by Unless Lessor to cause 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 effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiumspremises, shall become the property of Lessor and remain upon and be immediately due surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this Paragraph 7.5(c), Lessee's machinery and payable equipment, other than that which is affixed to Lessor the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of lessee and may be removed by LesseeLessee subject to the provisions of Paragraph 7.2.
Appears in 1 contract
ALTERATIONS AND ADDITIONS. (a) The Lessee shall not, without the Lessor’s 's prior written consentconsent make any alterations, improvements, additions, or Utility Installations in, on or about the Premises, or the Industrial Center, except for nonstructural alterations to the Premises [Confidential treatment is being sought for this portion of the Lease, which shall not be unreasonably withheld, has been filed separately]. Should Lessee make any alterations, improvements, additions or utility installations inUtility Installations without the prior approval of Lessor, on Lessor may, at any time during the term of the Lease, require that Lessee remove any or about all of the Premises unless such same.
(b) Any alterations, improvements, additions, or Utility Installations made by Lessee during the term of this Lease shall be done in a good and workmanlike manner and of good and sufficient materials and, in the event that the nature of the applicable work is non-structural such that plans and does not exceed ONE HUNDRED THOUSAND DOLLARS specifications are prepared, Lessee shall, within thirty ($100,000). For all work30) days after completion of such alteration, the Lessee will improvements, addition or Utility Installation, provide the Lessor with as-built drawings reflecting any changes plans and specifications for same. Notwithstanding anything contained in this Lease to the Premises. As used in this Section 6.3contrary, the term “utility installations” Paragraphs 7.3(d)(i)(bb) and (cc) shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition apply to giving such consent, the Lessor may require that the Lessee agree to remove any such non-structural alterations, improvements, additions or utility installations at the expiration or sooner termination Utility Installations not exceeding either of the term, and to restore the Premises to their prior conditionThreshold Amounts in cost.
(bc) All Any alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, and the Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment additions or other work performed by Utility Installations in or on behalf of Lessee, shall make any claim or demand against Lessor, about the Premises or the ProjectIndustrial Center that Lessee shall desire to make and which requires the consent of the Lessor shall be presented to Lessor in written form, or with proposed detailed plans. If Lessor shall file any claim, stop notice, lien, or otherwise, against Lessorgive its consent, the Premises, the Project or the lender for the Project and consent shall be deemed conditioned upon Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of acquiring a bond pursuant to applicable law, and in the event Lessee shall fail permit to do so within ten (10) days after written demand from appropriate governmental agencies, if required, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessor to cause the effect Lessee of all conditions of said claimpermit in a prompt and expeditious manner.
(d) For any additions, stop notice or lien to be removedalterations, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop noticeimprovements, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, Utility Installations requiring Lessor's prior written consent:
(ai) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lessee.Lessee shall:
Appears in 1 contract
Sources: Lease (Vans Inc)
ALTERATIONS AND ADDITIONS. 12.1 Prohibitions in General. Tenant shall not demolish or make any alterations, additions, changes, enlargements or improvements (acollectively, "Alterations") The Lessee shall not, to the Premises or any part thereof without first obtaining the Lessor’s prior written consent, consent of Landlord which shall not be unreasonably withheld, make except for any alterations, improvements, additions or utility installations in, on or about the Premises unless such work is individual non-structural and alteration which does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting effect materially any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the Premises shall be performed by the Lessor’s contractor for the Project Building systems or other licensed contractor approved by the Lessor, which approval shall not be unreasonably withheld. The Lessee shall pay, when due, all claims for labor or materials furnished to or for the Lessee, at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein, its water tightness and the Lessor shall have the right cost of which is less than $25,000 and as to post notices of non-responsibility in or on the Premises as provided by law. Lessee agrees towhich Tenant provides Landlord a detailed description (with plans, specifications and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors in connection with any alterations, additions, improvements, fixtures, equipment or other work performed by or on behalf of Lessee, shall make any claim or demand against Lessor, the Premises or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the Premises, the Project or the lender for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within permits if applicable) at least ten (10) days prior to commencement of the alteration. Landlord may impose, as a condition to Landlord's consent, such requirements as Landlord may deem necessary in its reasonable discretion, including without limitation: the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; the requirement that upon written request of Landlord prior to Lease Termination (or if Lease Termination occurs due to a Default by Tenant within thirty days after written demand by Lessor Tenant quits possession of the Premises), Tenant, at Tenant's sole cost and expense, will remove any or all Alterations to cause the effect Premises subject to the provisions of said claimSection 12.3 below; and the requirement that Tenant reimburse Landlord for Landlord's actual costs incurred in reviewing any proposed Alteration, stop notice whether or lien not Landlord's consent is granted. Tenant shall not make or permit to be removed, rescinded or dismissed, made any Alterations to the Premises without acquiring and complying with the conditions of all permits required for such failure shall constitute work by any governmental authority having jurisdiction thereof. Landlord acknowledges that Tenant desires to construct a default hereunder. In cafeteria in the Premises and Tenant acknowledges that such event, in addition construction will be subject to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any terms and all such claims, demands, or liens. Any such sums paid by Lessor, including attorneys’ fees and bond premiums, shall be immediately due and payable to Lessor by Lesseeconditions of this Article 12.
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ALTERATIONS AND ADDITIONS. This Section 3.4 shall apply before and during the Term. With respect to the 18 C▇▇▇▇▇ Premises, Tenant shall not make any alterations or additions to the 18 C▇▇▇▇▇ Premises or any 18 C▇▇▇▇▇ Building systems which (a) The Lessee shall not, without the Lessor’s prior written consentare structural in nature or (b) equal or exceed Fifty Thousand and 00/100 Dollars ($50,000.00) in cost except in accordance with plans and specifications first approved by Landlord in writing, which approval may be given or withheld for any reason, or for no reason. With respect to the 14 C▇▇▇▇▇ Premises, Tenant shall not be unreasonably withheld, make any alterationsalterations or additions to the 14 C▇▇▇▇▇ Premises or any 14 C▇▇▇▇▇ Building systems which (a) are structural in nature or (b) equal or exceed Fifty Thousand and 00/100 Dollars ($50,000.00) in cost except in accordance with plans and specifications first approved by Landlord in writing, improvementswhich approval may be given or withheld for any reason, additions or utility installations infor no reason. With respect to the 18 C▇▇▇▇▇ Premises, on or about the Premises unless such work is Tenant shall not make any non-structural and does not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). For all work, the Lessee will provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Section 6.3, the term “utility installations” shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, the Lessor may require that the Lessee agree to remove any such alterations, improvements, additions alterations or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition.
(b) All alterations, improvements and additions to the 18 C▇▇▇▇▇ Premises shall be performed by the Lessor’s contractor for the Project or other licensed contractor any 18 C▇▇▇▇▇ Building systems costing less than $50,000.00 except in accordance with plans and specifications first approved by the LessorLandlord in writing, which approval shall not be unreasonably withheld, conditioned, or delayed. The Lessee With respect to the 14 C▇▇▇▇▇ Premises, Tenant shall paynot make any non-structural alterations or additions to the 14 C▇▇▇▇▇ Premises or any 14 C▇▇▇▇▇ Building systems costing less than $50,000.00 except in accordance with plans and specifications first approved by Landlord in writing, which approval shall not be unreasonably withheld, conditioned, or delayed. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by or for Landlord and in such manner as to maintain harmonious labor relations and not to damage the Building or Lot or interfere with Building or Office Park operation and, except for installation of furnishings, shall be performed by contractors or workmen first approved by Landlord, such approval not to be unreasonably conditioned, withheld or delayed. Tenant, before its work is started shall: secure all licenses and permits necessary, deliver to Landlord a statement of the names of all its contractors and subcontractors and security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of labor and material; and cause each contractor to carry workmen’s compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and comprehensive public liability insurance with such limits no less than as stated in Section 1.1 hereof (all such insurance to be written in companies in good standing and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when duedue the entire cost of any work done on the Premises by Tenant, all claims for labor its agents, employees, or materials furnished independent contractors, and not to cause or permit mechanics’ or other liens to be placed upon the Property, Premises or Tenant’s leasehold interest in connection with any work or service done or purportedly done by or for the Lesseebenefit of Tenant or its subtenants or transferees. Tenant shall give Landlord notice at least fifteen (15) days prior to the commencement of any work in the Premises to afford Landlord the opportunity, where applicable, to post and record notices of non-responsibility. Tenant, within twenty (20) days of notice from Landlord, shall fully discharge any lien by settlement, by bonding or by insuring over the lien in the manner prescribed by the applicable lien Law and, if Tenant fails to do so, Tenant shall be deemed in Default under this Lease and, in addition to any other remedies available to Landlord as a result of such Default by Tenant, Landlord, at its option, may bond, insure over or otherwise discharge the lien. Tenant shall reimburse Landlord for use in the Premisesany amount paid by Landlord, which claims are or may be secured by any mechanicsincluding, without limitation, reasonable attorneys’ or materialmen’s lien against the Premises or any interest therein, and the Lessor fees. Landlord shall have the right to require Tenant to post notices of non-responsibility in a performance or on the Premises as provided by law. Lessee agrees to, and shall indemnify and save Lessor free and harmless from and against, liability, loss, damage, costs, attorneys’ fees, and all other expenses on account of claims of contractors, subcontractors, laborers or materialmen or others for work performed or materials or supplies furnished for Lessee or persons claiming under it. If any laborer, person or firm supplying or providing labor, materials or equipment or services to Lessee, or to any of Lessee’s contractors or subcontractors payment bond in connection with any alterations, additions, improvements, fixtures, equipment work or other work performed service done or purportedly done by or for the benefit of Tenant. Tenant acknowledges and agrees that all such work or service is being performed for the sole benefit of Tenant and not for the benefit of Landlord. Tenant shall pay, as Additional Rent, 100% of any increase in Real Estate Taxes, on behalf either the 18 C▇▇▇▇▇ Building and/or the 14 C▇▇▇▇▇ Building, as applicable, which shall, at any time after commencement of Lesseethe Term, shall make result from any claim alteration, addition or demand against Lessor, improvement to the 18 C▇▇▇▇▇ Premises or and/or the Project, or shall file any claim, stop notice, lien, or otherwise, against Lessor, the 14 C▇▇▇▇▇ Premises, the Project or the lender as applicable, made by Tenant. Tenant shall reimburse Landlord for the Project and Lessee shall not cause the effect of such claim, stop notice or lien to be removed, rescinded or dismissed including, without limitation, the posting of a bond pursuant to applicable law, and in the event Lessee shall fail to do so within ten (10) days after written demand by Lessor to cause the effect of said claim, stop notice or lien to be removed, rescinded or dismissed, such failure shall constitute a default hereunder. In such event, in addition to such other remedies it may have, Lessor shall have the right (but not the obligation) to use whatever means in its discretion it may deem appropriate to cause said claim, stop notice, or lien to be rescinded, discharged, compromised, dismissed or removed including, without limitation, (a) posting a bond pursuant to applicable law; or (b) paying a sum sufficient to discharge, in full, any and all such claims, demands, or liens. Any such sums paid by LessorLandlord for third party examination of Tenant’s plans and specifications. In addition, including attorneys’ fees Tenant shall pay Landlord a fee for Landlord’s oversight and bond premiumscoordination of any alterations or additions equal to five percent (5%) of the cost of such alterations and additions. Upon completion, Tenant shall furnish “as-built” plans for the alterations and additions, completion affidavits and full and final waivers of lien. Landlord’s approval of an alteration or addition shall not be immediately due and payable to Lessor deemed a representation by LesseeLandlord that the alteration or addition complies with Law.
Appears in 1 contract
Sources: Lease (Quanterix Corp)